frank marealle vs national housing corporation and 2 others 2012 tzhclandd 124 3 december 2012
The Plaintiff, being a director and not the company itself, lacks legal capacity to institute the suit on behalf of the company, as established by the principles in Salomon v. Salomon and Foss v. Harbottle.
- Citation
- frank marealle vs national housing corporation and 2 others 2012 tzhclandd 124 3 december 2012
- Parties
- Plaintiff: Frank Marealle; 1st Defendant: National Housing Corporation; 2nd Defendant: Majembe Auction Mart; 3rd Defendant: James Kisarika
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 3 December 2012
- Procedural Posture
- Land Case / Ruling on Preliminary Objection
- Outcome
- Suit struck out for lack of capacity to sue.
- Legal Topics
- Locus Standi, Cause of Action, Corporate Personality, Director's Capacity to Sue
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Frank Marealle
Plaintiff
National Housing Corporation
1st Defendant
Majembe Auction Mart
2nd Defendant
James Kisarika
3rd Defendant
Procedural Posture
Land Case / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the Plaintiff has locus standi to bring the suit on behalf of the company
- 2 Whether the Plaintiff has a cause of action against the Defendants
Ratio Decidendi
The Plaintiff, being a director and not the company itself, lacks legal capacity to institute the suit on behalf of the company, as established by the principles in Salomon v. Salomon and Foss v. Harbottle.
Court Disposition
Suit struck out for lack of capacity to sue.
Orders
- Suit struck out for lack of capacity to sue.
- Costs awarded.
Full Case Text
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