debora lawrence matimba vs national insurance corpt ltd 2009 tzhc 25 7 december 2009
Since the parties consented and statutory requirements were met, there was no reason to deny the applicant leave to file suit against the respondent.
Source-derived case information.
- Citation
- debora lawrence matimba vs national insurance corpt ltd 2009 tzhc 25 7 december 2009
- Parties
- Applicant: Debora Lawrence Matimba; Respondent: National Insurance Corporation (T) Ltd
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 7 December 2009
- Procedural Posture
- Civil Application / Application for Leave to File Suit
- 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 Corporation (T) Ltd
Respondent
Procedural Posture
Civil Application / Application for Leave to File Suit
Legal Issues
- 1 Whether the applicant should be granted leave to file a suit against the respondent, a specified public corporation
Ratio Decidendi
Since the parties consented and statutory requirements were met, there was no reason to deny the applicant leave to file suit against the respondent.
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
IN THE HIGH COURT OF TANZANIA AT DAR ES SALAAM CIVIL APPLICATION NO. 90 OF 2009 DEBORA LAWRENCE M ATIM BA.......................APPELLANT VERSUS NATIONAL INSURANCE CORP (T) L T D ..........RESPONDENT Date o f Last Order 26/11/09 Date o f Ruling 7/12/09 RULING MWARIJA, J. This is an application for leave to file a suit against the respondent, the National Insurance Corporation. . The application has been made under 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 Debore 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 to the law she requires leave to do so, she has filed this application. The learned Counsel for the respondent, Mr.Mwakifuna did not have any objection to the application. 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 and the fact that the parties have agreed that the same may be granted, I see no 5 reason for denying the applicant her right of perusing hifer claim. Accordingly, I hereby grant the application 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. JUDGE 7/12/2009