m h nassoro co ltd vs oryx oil company 2013 tzhccomd 5 23 august 2013

m h nassoro co ltd vs oryx oil company 2013 tzhccomd 5 23 august 2013

None of the preliminary objections raised by the applicant have merit; the affidavit is not defective under section 10, citation of specific law provisions is not required at this stage, corporate officers may sign for the company, execution is not premature, and no grounds have been established for lifting the corporate veil against the Managing Director.

Citation
m h nassoro co ltd vs oryx oil company 2013 tzhccomd 5 23 august 2013
Parties
Applicant/judgment Debtor: M.H. Nassoro Company Limited; Respondent/decree Holder: Oryx Oil Company
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
23 August 2013
Procedural Posture
Commercial Case / Ruling on Application to Set Aside Order for Arrest and Committal as Civil Prisoner
Outcome
Application dismissed with costs.
Legal Topics
Execution of Decrees, Corporate Veil, Affidavit Validity, Directors' Liability
Source Language
English
Civil Procedure Company Law Execution of Decrees Corporate Veil Affidavit Validity Directors' Liability

Case Brief

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Parties

M.H. Nassoro Company Limited

Applicant/judgment Debtor

Oryx Oil Company

Respondent/decree Holder

Procedural Posture

Commercial Case / Ruling on Application to Set Aside Order for Arrest and Committal as Civil Prisoner

Legal Issues

  1. 1 Whether the counter affidavit is defective for violating section 10 of the Oaths and Statutory Declarations Act
  2. 2 Whether failure to cite specific provisions of law renders the execution application incompetent
  3. 3 Whether the application for execution was signed by a stranger

Ratio Decidendi

None of the preliminary objections raised by the applicant have merit; the affidavit is not defective under section 10, citation of specific law provisions is not required at this stage, corporate officers may sign for the company, execution is not premature, and no grounds have been established for lifting the corporate veil against the Managing Director.

Court Disposition

Application dismissed with costs.

Orders

  • Application to set aside order for arrest and committal as civil prisoner is dismissed.
  • Applicant to pay costs.