T BETTER HOLDING COPORATION T lTD VS AFRICAN BANKING CORPORATION T COMM CASE NO

T BETTER HOLDING COPORATION T lTD VS AFRICAN BANKING CORPORATION T COMM CASE NO

A formal application for lifting the corporate veil is necessary before execution can proceed against the personal capacity of a company's director who was not a party to the original suit; the application for execution by the advocate was proper under the Civil Procedure Code.

Citation
T BETTER HOLDING COPORATION T lTD VS AFRICAN BANKING CORPORATION T COMM CASE NO
Parties
Decree Holder: T-Better Holding Corporation (T) Ltd; Judgment Debtor: African Banking Corporation (T) Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2015
Procedural Posture
Execution Proceedings / Ruling on Preliminary Objection
Outcome
application struck out
Legal Topics
Execution of Decrees, Lifting Corporate Veil, Arrest and Detention of Directors, Representation by Advocate
Source Language
English
Civil Procedure Company Law Execution of Decrees Lifting Corporate Veil Arrest and Detention of Directors Representation by Advocate

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Parties

T-Better Holding Corporation (T) Ltd

Decree Holder

African Banking Corporation (T) Ltd

Judgment Debtor

Procedural Posture

Execution Proceedings / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether execution can proceed against directors of a company without lifting the corporate veil
  2. 2 Whether an advocate can file an application for execution on behalf of the decree holder

Ratio Decidendi

A formal application for lifting the corporate veil is necessary before execution can proceed against the personal capacity of a company's director who was not a party to the original suit; the application for execution by the advocate was proper under the Civil Procedure Code.

Court Disposition

application struck out

Orders

  • application is struck out for being unmaintainable
  • no order as to costs