gasper peter macha vs property assets ltd others 2019 tzhc 131 23 october 2019

gasper peter macha vs property assets ltd others 2019 tzhc 131 23 october 2019

Petitioners failed to prove allegations of fraud, unlawful sale, and negligence on balance of probabilities; respondents demonstrated lawful procedures and valid resolutions; counter-claim dismissed for want of proof.

Citation
gasper peter macha vs property assets ltd others 2019 tzhc 131 23 october 2019
Parties
First Respondent: Gasper Peter Macha; Second Respondent: Property Assets Limited; First Petitioner: Genes Daniel Assey; Second Petitioner: Protches Augustine Moshi; Third Petitioner: Property International Ltd (Reg. No. 46211); Third Respondent: Property International Ltd (105061); Fourth Respondent: Equity Bank Limited; Fifth Respondent: Registrar of Companies
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 October 2019
Procedural Posture
Miscellaneous Civil Cause / Judgment on Counter Claim
Outcome
Counter-claim dismissed for want of proof with costs
Legal Topics
Company Name Change, Fraudulent Transactions, Director Powers, Bank Account Opening, Shareholder Disputes
Source Language
English
Company Law Civil Procedure Banking Law Company Name Change Fraudulent Transactions Director Powers Bank Account Opening Shareholder Disputes

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Parties

Gasper Peter Macha

First Respondent

Property Assets Limited

Second Respondent

Genes Daniel Assey

First Petitioner

Protches Augustine Moshi

Second Petitioner

Property International Ltd (Reg. No. 46211)

Third Petitioner

Property International Ltd (105061)

Third Respondent

Equity Bank Limited

Fourth Respondent

Registrar of Companies

Fifth Respondent

Procedural Posture

Miscellaneous Civil Cause / Judgment on Counter Claim

Legal Issues

  1. 1 Negligence in opening and running bank account
  2. 2 Lawfulness of purchase and change of company name
  3. 3 Validity of sale of company name

Ratio Decidendi

Petitioners failed to prove allegations of fraud, unlawful sale, and negligence on balance of probabilities; respondents demonstrated lawful procedures and valid resolutions; counter-claim dismissed for want of proof.

Court Disposition

Counter-claim dismissed for want of proof with costs

Orders

  • Counter-claim dismissed
  • Costs awarded to respondents