east african development vs hood transport co ltd others 2023 tzhccomd 311 21 september 2023
The 2nd and 3rd Respondents, not being parties to the lease agreement, cannot be made parties to the dispute unless their involvement is clearly shown. The application is struck out for improper joinder of parties.
- Citation
- east african development vs hood transport co ltd others 2023 tzhccomd 311 21 september 2023
- Parties
- Applicant: East African Development Bank; 1st Respondent: Hood Transport Company Limited; 2nd Respondent / Necessary Party: Mohamed Hood Aubary Limited; 3rd Respondent / Necessary Party: Said Mohamed Aubary
- Court
- TZHCCOMD
- Jurisdiction
- Tanzania
- Judgment Date
- 21 September 2023
- Procedural Posture
- Miscellaneous Commercial Application / Ruling on Preliminary Objection
- Outcome
- Application struck out
- Legal Topics
- Financial Leasing, Joinder of Parties, Preliminary Objection, Natural Justice
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
East African Development Bank
Applicant
Hood Transport Company Limited
1st Respondent
Mohamed Hood Aubary Limited
2nd Respondent / Necessary Party
Said Mohamed Aubary
3rd Respondent / Necessary Party
Procedural Posture
Miscellaneous Commercial Application / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the 2nd and 3rd Respondents were improperly joined as parties
- 2 Whether the application is incompetent for being preferred under the cited sections of the Financial Leasing Act
- 3 Whether the application is untenable
Ratio Decidendi
The 2nd and 3rd Respondents, not being parties to the lease agreement, cannot be made parties to the dispute unless their involvement is clearly shown. The application is struck out for improper joinder of parties.
Court Disposition
Application struck out
Orders
- Application struck out for improper joinder of parties
- No order as to costs
Full Case Text
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