azania bank limited vs smx limited and 2 others 2020 tzhc 4348 1 december 2020

azania bank limited vs smx limited and 2 others 2020 tzhc 4348 1 december 2020

A counter claim is maintainable against a co-defendant as Order VII rule 10(1) allows joinder of any person, whether or not a party to the suit, if the counter claim raises questions involving them.

Citation
azania bank limited vs smx limited and 2 others 2020 tzhc 4348 1 december 2020
Parties
Plaintiff (counter Claim): Azania Bank Limited; 1st Defendant (counter Claim): SMX Limited; 2nd Defendant (counter Claim): Prime Properties Ltd; 3rd Defendant (counter Claim): Hasnain Gulam Hussein
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 December 2020
Procedural Posture
Civil / Ruling on Preliminary Objection
Outcome
preliminary objection dismissed
Legal Topics
Counter Claim, Joinder of Parties, Preliminary Objection
Source Language
English
Civil Procedure Counter Claim Joinder of Parties Preliminary Objection

Case Brief

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Parties

Azania Bank Limited

Plaintiff (counter Claim)

SMX Limited

1st Defendant (counter Claim)

Prime Properties Ltd

2nd Defendant (counter Claim)

Hasnain Gulam Hussein

3rd Defendant (counter Claim)

Procedural Posture

Civil / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether a counter claim can be brought against a co-defendant under Order VIII rule 9 of the Civil Procedure Code, Cap 33 R.E. 2019

Ratio Decidendi

A counter claim is maintainable against a co-defendant as Order VII rule 10(1) allows joinder of any person, whether or not a party to the suit, if the counter claim raises questions involving them.

Court Disposition

preliminary objection dismissed

Orders

  • 1st PTC on