patrick lutandula mihayo another vs crdb bank plc 2023 tzhclandd 17235 20 december 2023

patrick lutandula mihayo another vs crdb bank plc 2023 tzhclandd 17235 20 december 2023

Failure to plead and annex a board resolution in the plaint does not render the suit incompetent where the resolution is annexed in the reply to the written statement of defence, and the suit involves two plaintiffs, one of whom is a natural person not requiring a board resolution. The preliminary objection cannot dispose of the entire suit and is therefore overruled.

Citation
patrick lutandula mihayo another vs crdb bank plc 2023 tzhclandd 17235 20 december 2023
Parties
1st Plaintiff: Poneka Patrick Mihayo Alias Patrick Lutandula Mihayo; 2nd Plaintiff: Sayuni Contractors Limited; Defendant: CRDB Bank PLC
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
20 December 2023
Procedural Posture
Land Case / Ruling on Preliminary Objection
Outcome
Preliminary objection overruled
Legal Topics
Board Resolution Requirement, Company Litigation, Pleading Requirements, Preliminary Objection
Source Language
English
Company Law Civil Procedure Land Law Board Resolution Requirement Company Litigation Pleading Requirements Preliminary Objection

Case Brief

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Parties

Poneka Patrick Mihayo Alias Patrick Lutandula Mihayo

1st Plaintiff

Sayuni Contractors Limited

2nd Plaintiff

CRDB Bank PLC

Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Is a board resolution mandatory for a company to institute a suit against a third party?
  2. 2 Does failure to plead and annex a board resolution render the suit incompetent?

Ratio Decidendi

Failure to plead and annex a board resolution in the plaint does not render the suit incompetent where the resolution is annexed in the reply to the written statement of defence, and the suit involves two plaintiffs, one of whom is a natural person not requiring a board resolution. The preliminary objection cannot dispose of the entire suit and is therefore overruled.

Court Disposition

Preliminary objection overruled

Orders

  • Preliminary objection not sustained
  • Costs to be within the suit