crdb bank plc vs delta africa limited another 2023 tzhc 20037 4 august 2023
The suit was incompetent for want of a pleaded and annexed board resolution authorizing the 1st respondent to institute the case, rendering the proceedings and judgment void.
- Citation
- crdb bank plc vs delta africa limited another 2023 tzhc 20037 4 august 2023
- Parties
- Appellant: CRDB Bank PLC; 1st Respondent: Delta Africa Limited; 2nd Respondent: Vodacom Tanzania PLC
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 4 August 2023
- Procedural Posture
- Civil Appeal / Judgment on Appeal
- Outcome
- Appeal struck out as incompetent; proceedings and judgment of the trial court quashed and set aside as nullities.
- Legal Topics
- Board Resolution Requirement, Jurisdiction, Corporate Litigation, Pleading Requirements
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
CRDB Bank PLC
Appellant
Delta Africa Limited
1st Respondent
Vodacom Tanzania PLC
2nd Respondent
Procedural Posture
Civil Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the suit was incompetent before the trial court for want of board resolution by the 1st respondent
- 2 Whether board resolution is mandatory before institution of a case by a company
Ratio Decidendi
The suit was incompetent for want of a pleaded and annexed board resolution authorizing the 1st respondent to institute the case, rendering the proceedings and judgment void.
Court Disposition
Appeal struck out as incompetent; proceedings and judgment of the trial court quashed and set aside as nullities.
Orders
- Proceedings and judgment in Civil Case No. 212 of 2017 quashed and set aside
- Each party to bear its own costs
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