consolidated holding corporation vs high soap allied products limited another 2015 tzhc 2185 24 april 2015
The applicant, having been dissolved and with all functions vested in the Treasury Registrar, lacked locus standi as the appearing advocate had no mandate to represent the Attorney General, who was the proper party.
Source-derived case information.
- Citation
- consolidated holding corporation vs high soap allied products limited another 2015 tzhc 2185 24 april 2015
- Parties
- Applicant: Consolidated Holding Corporation; Respondent: High Soap & Allied Products Limited and Another
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 24 April 2015
- Procedural Posture
- Civil Application / Ruling on Application for Extension of Time
- Outcome
- Application dismissed
- Legal Topics
- Extension of Time, Locus Standi, Dissolution of Corporation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Consolidated Holding Corporation
Applicant
High Soap & Allied Products Limited and Another
Respondent
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the applicant had locus standi to bring the application after dissolution
- 2 Whether the application for extension of time should be granted
Ratio Decidendi
The applicant, having been dissolved and with all functions vested in the Treasury Registrar, lacked locus standi as the appearing advocate had no mandate to represent the Attorney General, who was the proper party.
Court Disposition
Application dismissed
Orders
- Application dismissed under Rule 63(1) of the Rules
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF TANZANIA AT PAR ES SALAAM (CORAM: KILEO, 3.A., KIMARO, J.A., And MUSSA, J.A.) ________CIVIL.APPLICATION NO. 49 OF 2014______ CONSOLIDATED HOLDING CORPORATION ................................... APPLICANT VERSUS HIGH SOAP & ALLIED PRODUCTS LIMITED_AND ANO THER ,____ ______________ RESPONDENT ^ (Application for extension of time from the decision of the High Court of ___ Tanzania at P ar es Salaam) (Shanqwa, J.) dated the 4th day of November, 2013 in Civil Case No. 20 of 1997 RULING OF THE COURT 24th April, 2015 KILEO, J.A.: When the m atter was called on for hearing, Mr. Sinare Zaharani informed the Court that he was representing the applicant. The Court pointed out to him however, that Consolidated Holding Corporation (CHC) has been dissolved by operation of the law and all its residual functions, e assets and liabilities were vested in the Treasury Registrar and in that respect he lacked locus standi. i It is in the light of the above background that we found Mr. Sinare Za ha rani to" have no locus standi as he did not show proof that he was m andated-to-repr-esent-the-Attom ey-Gener-al-who-w as-supposed-to-have— appeared in the m atter_______ __ __ ±_______ ... We are mindful of the fact that this matter has been in Court for an -exceptionallyHong-tim er-The-Attom ey General was duly- served but-did not - enter appearance. Given the circumstances of the case we see no reason why we should grant an adjournment. W e in the event dismiss the application under Rule 63(1) of the Rules. % 9 DATED at DAR ES SALAAM this 24th day of April, 2015. E. A. KILEO JUSTICE OF APPEAL N. P. KIMARO' JUSTICE OF APPEAL K. M. MUSSA JUSTICE OF APPEAL I certify that this is a true copy of the original. _______ P.W. BAMPIKYA_______ SENIOR DEPUTY REGISTRAR COURT OF APPEAL