crdb bank ltd vs noorally kj dhanani another 2001 tzhccomd 8 23 august 2001

crdb bank ltd vs noorally kj dhanani another 2001 tzhccomd 8 23 august 2001

The preliminary objection was not properly raised as it was not included in the written statement of defence and did not constitute a pure point of law; the issues raised require factual determination at trial.

Citation
crdb bank ltd vs noorally kj dhanani another 2001 tzhccomd 8 23 august 2001
Parties
Plaintiff: CRDB Bank Limited; 1st Defendant: Noorally K.J. Dhanani; 2nd Defendant: Shiraz H.K.J. Dhanani
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
23 August 2001
Procedural Posture
Commercial Case / Ruling on Preliminary Objection
Outcome
Preliminary objection dismissed with costs
Legal Topics
Guarantee Agreement, Overdraft Facility, Preliminary Objection, Receivership, Pleadings
Source Language
English
Commercial Law Civil Procedure Guarantee Agreement Overdraft Facility Preliminary Objection Receivership Pleadings

Case Brief

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Parties

CRDB Bank Limited

Plaintiff

Noorally K.J. Dhanani

1st Defendant

Shiraz H.K.J. Dhanani

2nd Defendant

Procedural Posture

Commercial Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the preliminary objection raised by the defendants is properly before the court
  2. 2 Whether the suit is prematurely filed against the guarantors during receivership

Ratio Decidendi

The preliminary objection was not properly raised as it was not included in the written statement of defence and did not constitute a pure point of law; the issues raised require factual determination at trial.

Court Disposition

Preliminary objection dismissed with costs

Orders

  • Preliminary objection dated 15.6.2001 is dismissed with costs
  • Mediation to be held on 3.10.2001 as pleadings are complete and no further applications remain