crdb bank plc vs ardhi plan ltd 2021 tzhccomd 3518 9 july 2021

crdb bank plc vs ardhi plan ltd 2021 tzhccomd 3518 9 july 2021

It is not mandatory for a company to plead or annex a board resolution authorizing the institution of a suit or appointing an advocate; verification by a principal officer is sufficient. The preliminary objections require investigation and are not pure points of law, thus are not maintainable.

Citation
crdb bank plc vs ardhi plan ltd 2021 tzhccomd 3518 9 july 2021
Parties
Plaintiff: CRDB Bank PLC; 1st Defendant: Ardhi Plan Limited; 2nd Defendant: Gombo Smandito Gombo; 3rd Defendant: Primi Telesphoria Manyanga; 4th Defendant: Emtiyaz Ahmed Rajwan; 5th Defendant: Karim Ahmed Manji
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
9 July 2021
Procedural Posture
Commercial / Ruling on Preliminary Objections
Outcome
preliminary objections dismissed
Legal Topics
Corporate Litigation, Preliminary Objections, Pleadings, Board Resolution, Advocate Appointment, Verification of Pleadings
Source Language
English
Civil Procedure Company Law Corporate Litigation Preliminary Objections Pleadings Board Resolution Advocate Appointment Verification of Pleadings

Case Brief

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Parties

CRDB Bank PLC

Plaintiff

Ardhi Plan Limited

1st Defendant

Gombo Smandito Gombo

2nd Defendant

Primi Telesphoria Manyanga

3rd Defendant

Emtiyaz Ahmed Rajwan

4th Defendant

Karim Ahmed Manji

5th Defendant

Procedural Posture

Commercial / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether failure to plead or annex a board resolution authorizing the institution of the suit renders the suit incompetent
  2. 2 Whether failure to plead or annex a board resolution appointing the advocate renders the suit incompetent
  3. 3 Whether improper verification by a non-principal officer renders the suit incompetent

Ratio Decidendi

It is not mandatory for a company to plead or annex a board resolution authorizing the institution of a suit or appointing an advocate; verification by a principal officer is sufficient. The preliminary objections require investigation and are not pure points of law, thus are not maintainable.

Court Disposition

preliminary objections dismissed

Orders

  • All points of preliminary objection dismissed with costs