crdb 1996 limited vs george mpeli kilindu another 2023 tzhc 15880 17 february 2023

crdb 1996 limited vs george mpeli kilindu another 2023 tzhc 15880 17 february 2023

An application filed in the name of a company that has changed its name is incompetent, as legal proceedings cannot be commenced in the former name after the change. The applicant, being a non-existing entity, cannot maintain an action before the court.

Citation
crdb 1996 limited vs george mpeli kilindu another 2023 tzhc 15880 17 february 2023
Parties
Applicant: CRDB (1996) Limited; 1st Respondent: Georgy Mpeli Kilindu (As administrator of Georgy Mathew Kilindu); 2nd Respondent: Anne Subilaga Kilindu (As administrator of Georgy Mathew Kilindu)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 February 2023
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome
Application struck out with costs
Legal Topics
Change of Company Name, Legal Personality, Competence of Parties, Striking Out Applications
Source Language
English
Company Law Civil Procedure Change of Company Name Legal Personality Competence of Parties Striking Out Applications

Case Brief

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Parties

CRDB (1996) Limited

Applicant

Georgy Mpeli Kilindu (As administrator of Georgy Mathew Kilindu)

1st Respondent

Anne Subilaga Kilindu (As administrator of Georgy Mathew Kilindu)

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether an application filed in the name of a company that has changed its name is competent
  2. 2 Whether a non-existing entity can maintain legal proceedings

Ratio Decidendi

An application filed in the name of a company that has changed its name is incompetent, as legal proceedings cannot be commenced in the former name after the change. The applicant, being a non-existing entity, cannot maintain an action before the court.

Court Disposition

Application struck out with costs

Orders

  • The application is struck out with costs.