cargo mgt logistics ltd vs efficient frieght t ltd another 2010 tzhccomd 24 16 april 2010

The plaint alleges facts which, if proved, may entitle the plaintiff to remedies and are sufficient to justify a right to sue; thus, the preliminary objections on lack of cause of action and locus standi are dismissed.

Citation: cargo mgt logistics ltd vs efficient frieght t ltd another 2010 tzhccomd 24 16 april 2010
Parties: Plaintiff: Cargo Management & Logistics Limited; 1st Defendant: Efficient Freight (T) Limited; 2nd Defendant: Mofed Tanzania Limited
Court: TZHCCOMD
Jurisdiction: Tanzania
Judgment Date: 16 April 2010
Procedural Posture: Commercial Case / Ruling on Preliminary Objection
Outcome: Preliminary objections dismissed with costs
Legal Topics: Locus Standi, Cause of Action, Preliminary Objection, Breach of Contract
Source Language: English

Contract Law Civil Procedure Locus Standi Cause of Action Preliminary Objection Breach of Contract

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Parties

Cargo Management & Logistics Limited

Plaintiff

Efficient Freight (T) Limited

1st Defendant

Mofed Tanzania Limited

2nd Defendant

Procedural Posture

Commercial Case / Ruling on Preliminary Objection

Legal Issues

1 Whether the plaintiff has locus standi to institute the suit
2 Whether the plaintiff has a cause of action against the defendants

Ratio Decidendi

Court Disposition

Preliminary objections dismissed with costs

Orders

Preliminary objections on lack of locus standi and cause of action are dismissed
Costs awarded to the plaintiff