wilbard michael ikigo and 44 others vs abana printers company ltd 2023 tzhc 1242 18 april 2023

wilbard michael ikigo and 44 others vs abana printers company ltd 2023 tzhc 1242 18 april 2023

The application was struck out as incompetent and prematurely lodged because it improperly combined prayers for lifting the corporate veil and execution, and there was no evidence that execution against the judgment debtor had failed on merit.

Citation
wilbard michael ikigo and 44 others vs abana printers company ltd 2023 tzhc 1242 18 april 2023
Parties
Applicants: Wilbard Michael Ikigo and 44 Others; 1st Respondent: Abana Printers Company Ltd; 2nd Respondent: Biabana Limited; 3rd Respondent: Peter Robert Micael Elder; 4th Respondent: Christina Elder
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 April 2023
Procedural Posture
Miscellaneous Application / Ruling on Application to Lift Corporate Veil and Execute Award
Outcome
Application struck out as incompetent and premature.
Legal Topics
Execution of Judgments, Lifting Corporate Veil, Labour Disputes, Omnibus Applications
Source Language
English
Labour Law Civil Procedure Execution of Judgments Lifting Corporate Veil Labour Disputes Omnibus Applications

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Parties

Wilbard Michael Ikigo and 44 Others

Applicants

Abana Printers Company Ltd

1st Respondent

Biabana Limited

2nd Respondent

Peter Robert Micael Elder

3rd Respondent

Christina Elder

4th Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application to Lift Corporate Veil and Execute Award

Legal Issues

  1. 1 Whether the application to lift the corporate veil and execute the award is competent and properly before the court
  2. 2 Whether execution orders can be sought together with lifting the corporate veil in the same application

Ratio Decidendi

The application was struck out as incompetent and prematurely lodged because it improperly combined prayers for lifting the corporate veil and execution, and there was no evidence that execution against the judgment debtor had failed on merit.

Court Disposition

Application struck out as incompetent and premature.

Orders

  • Application struck out
  • No order as to costs