exim bank t ltd vs jandu construction plumbers ltd 5 others 2022 tzhccomd 326 17 october 2022

exim bank t ltd vs jandu construction plumbers ltd 5 others 2022 tzhccomd 326 17 october 2022

The suit was struck out because the plaintiff, a company, failed to plead or attach a board resolution authorizing the institution of the suit, which is a mandatory requirement under company law as recognized by binding precedent.

Citation
exim bank t ltd vs jandu construction plumbers ltd 5 others 2022 tzhccomd 326 17 october 2022
Parties
Plaintiff: EXIM Bank (Tanzania) Limited; 1st Defendant: Jandu Construction & Plumbers Ltd; 2nd Defendant: Bharat Purshottam Bhorkataria (Administrator of the Estate of the Late Inderjit Singh Jandu); 3rd Defendant: Harsharan Kaur Jandu; 4th Defendant: Jaspreet Kaur; 5th Defendant: Majinder Kaur Jandu; 6th Defendant: Guminder Singh Jandu
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
17 October 2022
Procedural Posture
Commercial Case / Ruling on Preliminary Objections
Outcome
Suit struck out for incompetence due to lack of board resolution.
Legal Topics
Board Resolution Requirement, Preliminary Objection, Pleading Amendments
Source Language
English
Company Law Civil Procedure Board Resolution Requirement Preliminary Objection Pleading Amendments

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 16 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

EXIM Bank (Tanzania) Limited

Plaintiff

Jandu Construction & Plumbers Ltd

1st Defendant

Bharat Purshottam Bhorkataria (Administrator of the Estate of the Late Inderjit Singh Jandu)

2nd Defendant

Harsharan Kaur Jandu

3rd Defendant

Jaspreet Kaur

4th Defendant

Majinder Kaur Jandu

5th Defendant

Guminder Singh Jandu

6th Defendant

Procedural Posture

Commercial Case / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the suit is incompetent for lack of a board resolution authorizing institution of the suit by the plaintiff company
  2. 2 Whether the amendments to the plaint exceeded the leave granted by the court

Ratio Decidendi

The suit was struck out because the plaintiff, a company, failed to plead or attach a board resolution authorizing the institution of the suit, which is a mandatory requirement under company law as recognized by binding precedent.

Court Disposition

Suit struck out for incompetence due to lack of board resolution.

Orders

  • First preliminary objection upheld.
  • Suit struck out for being incompetently brought before the court.