20000623 TZHC Dar es Salaam

The preliminary objections that the plaint discloses no cause of action and that the claim is time barred are dismissed because the determination of a cause of action is based solely on the plaint, and the objections raised do not warrant dismissal at this stage.

Citation: 20000623 TZHC Dar es Salaam
Parties: Plaintiff No.1: Asher Automobiles Limited; Plaintiff No.2: Cliftoncraft Limited of U.K. through Asher Automobiles Ltd; Defendant No.1: National Bank of Tanzania; Defendant No.2: Commerce; Defendant No.3: Setti Motto t/a Majembe Auction Mart
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 23 June 2000
Procedural Posture: Civil Suit / Ruling on Preliminary Objections
Outcome: Preliminary objections dismissed; claim to proceed on merits.
Legal Topics: Cause of Action, Limitation of Actions, Preliminary Objection
Source Language: English

Civil Procedure Cause of Action Limitation of Actions Preliminary Objection

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Party arguments 2

Parties

Asher Automobiles Limited

Plaintiff No.1

Cliftoncraft Limited of U.K. through Asher Automobiles Ltd

Plaintiff No.2

National Bank of Tanzania

Defendant No.1

Commerce

Defendant No.2

Setti Motto t/a Majembe Auction Mart

Defendant No.3

Procedural Posture

Civil Suit / Ruling on Preliminary Objections

Legal Issues

1 Whether the plaint discloses a cause of action
2 Whether the claim is time barred

Ratio Decidendi

Court Disposition

Preliminary objections dismissed; claim to proceed on merits.

Orders

Claim to proceed on merits
Mention date set for 14/7/2000; plaintiff to be notified