diamond motors ltd vs zakayo daud mabula ta maka brothers general enterprises another 2001 tzhc 13 10 july 2001

diamond motors ltd vs zakayo daud mabula ta maka brothers general enterprises another 2001 tzhc 13 10 july 2001

The cause of action accrued from March 1995 when the last instalment was due, making the suit within limitation; the issue of whether the second defendant signed as guarantor or witness is a question of fact, not suitable for preliminary objection.

Citation
diamond motors ltd vs zakayo daud mabula ta maka brothers general enterprises another 2001 tzhc 13 10 july 2001
Parties
Plaintiff: Diamond Motors Limited; 1st Defendant: Zakayo Daud Mabula t/a Maka Brothers General Enterprises; 2nd Defendant: Col. Dr. Y.D.M. Balele
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 July 2001
Procedural Posture
Civil / Ruling on Preliminary Objection
Outcome
Preliminary objection overruled
Legal Topics
Limitation of Actions, Validity of Contract, Joinder of Parties, Guarantee
Source Language
English
Contract Law Civil Procedure Limitation of Actions Validity of Contract Joinder of Parties Guarantee

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Parties

Diamond Motors Limited

Plaintiff

Zakayo Daud Mabula t/a Maka Brothers General Enterprises

1st Defendant

Col. Dr. Y.D.M. Balele

2nd Defendant

Procedural Posture

Civil / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the claim for payment of 22 instalments is time barred
  2. 2 Whether the agreement is invalid and illegal
  3. 3 Whether the second defendant has been wrongly joined as a party

Ratio Decidendi

The cause of action accrued from March 1995 when the last instalment was due, making the suit within limitation; the issue of whether the second defendant signed as guarantor or witness is a question of fact, not suitable for preliminary objection.

Court Disposition

Preliminary objection overruled

Orders

  • Preliminary objection dismissed; suit to proceed on merits