20121203 TZHC Dar es Salaam

20121203 TZHC Dar es Salaam

The Plaintiff, as a director, lacks locus standi to sue on behalf of the company; only the company itself can bring such an action. The suit is struck out for lack of capacity to sue.

Citation
20121203 TZHC Dar es Salaam
Parties
Plaintiff: Frank Marealle; 1st Defendant: National Housing Corporation; 2nd Defendant: Majembe Auction Mart; 3rd Defendant: James Kisarika
Court
TZHC
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, Eviction
Source Language
English
Company Law Civil Procedure Land Law Locus Standi Cause of Action Corporate Personality Eviction

Case Brief

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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. 1 Whether the Plaintiff has locus standi to bring the suit on behalf of the company
  2. 2 Whether the Plaintiff has a cause of action against the Defendants

Ratio Decidendi

The Plaintiff, as a director, lacks locus standi to sue on behalf of the company; only the company itself can bring such an action. The suit is struck out for lack of capacity to sue.

Court Disposition

Suit struck out for lack of capacity to sue

Orders

  • Suit struck out
  • Costs awarded