crsg t trading coltd vs ullaya shomary mohamed ts ushomo enterprises others 2022 tzhc 452 11 march 2022

crsg t trading coltd vs ullaya shomary mohamed ts ushomo enterprises others 2022 tzhc 452 11 march 2022

The suit is not barred by issue estoppel as the parties and issues in the prior criminal case and the present civil suit are not identical. However, the plaint is defective for lack of endorsement by the drawer, which is a mandatory procedural requirement for corporate pleadings. The defect is not a mere technicality but a substantive irregularity, rendering the suit incompetent.

Citation
crsg t trading coltd vs ullaya shomary mohamed ts ushomo enterprises others 2022 tzhc 452 11 march 2022
Parties
Plaintiff: CRSG (T) Trading Co. Ltd; 1st Defendant: Ullaya Shomary Mohamed t/a Ushomo Enterprises; 2nd Defendant: Ulaya Shomari; 3rd Defendant: George Japhet Kiboko
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 March 2022
Procedural Posture
Civil / Ruling on Preliminary Objections
Outcome
suit struck out as incompetent
Legal Topics
Issue Estoppel, Pleadings Endorsement, Breach of Contract, Corporate Litigation
Source Language
English
Civil Procedure Contract Law Issue Estoppel Pleadings Endorsement Breach of Contract Corporate Litigation

Case Brief

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Parties

CRSG (T) Trading Co. Ltd

Plaintiff

Ullaya Shomary Mohamed t/a Ushomo Enterprises

1st Defendant

Ulaya Shomari

2nd Defendant

George Japhet Kiboko

3rd Defendant

Procedural Posture

Civil / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the suit is barred by issue estoppel due to prior determination in Economic Case No. 3 of 2019
  2. 2 Whether the plaint is defective for lack of endorsement by the drawer

Ratio Decidendi

The suit is not barred by issue estoppel as the parties and issues in the prior criminal case and the present civil suit are not identical. However, the plaint is defective for lack of endorsement by the drawer, which is a mandatory procedural requirement for corporate pleadings. The defect is not a mere technicality but a substantive irregularity, rendering the suit incompetent.

Court Disposition

suit struck out as incompetent

Orders

  • Suit struck out from the court register for want of proper endorsement by the drawer.
  • Plaintiff granted leave to re-file a competent suit within fourteen (14) days.