20091207 TZHC Dar es Salaam
Since the parties consented and there was no objection, and the law requires leave to sue a public corporation, the application for leave is granted.
Source-derived case information.
- Citation
- 20091207 TZHC Dar es Salaam
- Parties
- Applicant: Debora Lawrence Matimba; Respondent: National Insurance Corp (T) Ltd
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 7 December 2009
- Procedural Posture
- Civil Application / Ruling on Application for Leave to Sue
- Outcome
- application granted
- Legal Topics
- Leave to Sue Public Corporation, Personal Injury, Motor Vehicle Accident
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Debora Lawrence Matimba
Applicant
National Insurance Corp (T) Ltd
Respondent
Procedural Posture
Civil Application / Ruling on Application for Leave to Sue
Legal Issues
- 1 Whether the applicant should be granted leave to file a suit against the respondent, a public corporation
Ratio Decidendi
Since the parties consented and there was no objection, and the law requires leave to sue a public corporation, the application for leave is granted.
Court Disposition
application granted
Orders
- Leave to file suit against the respondent granted as prayed
- Costs in the cause
Full Case Text
Judgment text and source record
1 paragraphs
, I IN THE HIGH COURT OF TANZANIA AT DAR ES SALAi\M CMLAPPLICATIONNO. 90 OF-2009 DEBORA LAWRENCE MATIMBA ...................... APPELLANT VERSUS - NATIONAL INSURANCE CORP (T) LTD ........ .RESPONDENT Date of Last Order 26/ 11/09 · Date of Ruling 7/ 12/09 MWARIJA, J. This is an applicati<?n for leave to file a suit agai_nst the respondent, the National Insurance Corporation. The · ·- - -·-·--application--has -been·-made71nder S.--9- -(1) of the Bankruptcy - Act, Cap. 25 R.E 2002 and Section 43 ~ the Public Corporations Act, Cap. 257 R.E.2002. The applicant Depore ) Lawrence Matimba has stated in his affidavit in support of the application that she was knocked down by a Motor Vehicle Reg No. T.696 KB make Isuzu ELF and as a result she suffered injuries. The vehicle was insured by the respondent. The applicant intends now to file a suit against the respondent, a specified public corporation. Since . -··--··---.... - - . -- ·-·- · · - - - - - - - .according -r -----·-·- :·----·-· ... ·---- to -- the .. . law she - - - -- ·--···-·--- .. requires leave to do so, she has filed this application. "4 . . The learned Counsel for the· respondent, ;' Mr.Mwakifuna did not have any objection to the application. . j. In fact the . . parties· filed_ a deed of consent agreeing :that leave be granted ? • on the condition that the costs be in the cause. Having considered the ·application apd the fact that the parties have agreed that the same may be granted, I see no reason for d~nying the applicant her right of pe&fing hAr . ~ claim. Accordingly, I hereby grant the applica~ion as prayed. Costs in the cause. ,: A.G.MWARIJA JUDGE 7/12/2009 Date: 7/12/2009 Coram: A.G.Mwarija, J .. For the Applicant: Mr.Maimu· For the Respondent : Absent CC: Patrick Ruling delivered. \ -------- -------------- -----------------------------~ A. cfii,_ARIJA - ··-··-·- ~------- JUDGE 7/12/2009 2