19970613 TZHC Dar es Salaam2

19970613 TZHC Dar es Salaam2

The amended plaint is bad in law as it was filed without leave of court; suit is premature as proper procedure for suing a company in liquidation was not followed; Power of Attorney is void for lack of stamp duty and attestation; both the new and old plaints are dismissed as a result.

Citation
19970613 TZHC Dar es Salaam2
Parties
Plaintiff: Coastal Steel Industries Ltd; 1st Defendant: Wade Adams Construction Overseas Limited (in liquidation); 2nd Defendant: Parastatal Pensions Fund; 2nd Plaintiff (improperly Joined): Paul Clithbro (as holder of Power of Attorney of SISCO)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
13 June 1997
Procedural Posture
Civil Case / Ruling on Preliminary Objections
Outcome
Suit dismissed with costs
Legal Topics
Amendment of Pleadings, Joinder of Parties, Locus Standi, Premature Suit, Liquidation Procedure, Power of Attorney Validity
Source Language
English
Civil Procedure Contract Law Company Law Amendment of Pleadings Joinder of Parties Locus Standi Premature Suit Liquidation Procedure +1 more

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Parties

Coastal Steel Industries Ltd

Plaintiff

Wade Adams Construction Overseas Limited (in liquidation)

1st Defendant

Parastatal Pensions Fund

2nd Defendant

Paul Clithbro (as holder of Power of Attorney of SISCO)

2nd Plaintiff (improperly Joined)

Procedural Posture

Civil Case / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the amended plaint is bad in law for lack of leave to amend
  2. 2 Whether the suit is premature against a company in liquidation
  3. 3 Whether the plaint discloses a cause of action against the 2nd defendant

Ratio Decidendi

The amended plaint is bad in law as it was filed without leave of court; suit is premature as proper procedure for suing a company in liquidation was not followed; Power of Attorney is void for lack of stamp duty and attestation; both the new and old plaints are dismissed as a result.

Court Disposition

Suit dismissed with costs

Orders

  • New plaint dismissed for lack of leave to amend and premature filing
  • Old plaint also dismissed for premature filing