global agency ltd and others vs rabo rural fund bv rrf and others 2020 tzhccomd 51 12 may 2020

global agency ltd and others vs rabo rural fund bv rrf and others 2020 tzhccomd 51 12 may 2020

Applicants have demonstrated sufficient grounds for indemnity claim against 2nd and 3rd respondents based on their role as financial advisors and facts disclosed in affidavit; leave to issue third party notice is granted to avoid multiplicity of proceedings and serve justice.

Citation
global agency ltd and others vs rabo rural fund bv rrf and others 2020 tzhccomd 51 12 may 2020
Parties
Applicant: Global Agency Ltd; Applicant: Bashasha Merchandize Dealers Ltd; Applicant: Fidelis Christian Bashasha; Respondent: Rabo Rural Fund B.V (RRF); Respondent: Chitogo Plus Limited; Respondent: Alex Tarazo
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
12 May 2020
Procedural Posture
Ex Parte Third Party Application / Ruling on Application for Leave to Issue Third Party Notice
Outcome
application granted
Legal Topics
Third Party Procedure, Indemnity, Breach of Contract, Loan Agreement
Source Language
English
Civil Procedure Commercial Law Third Party Procedure Indemnity Breach of Contract Loan Agreement

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Parties

Global Agency Ltd

Applicant

Bashasha Merchandize Dealers Ltd

Applicant

Fidelis Christian Bashasha

Applicant

Rabo Rural Fund B.V (RRF)

Respondent

Chitogo Plus Limited

Respondent

Alex Tarazo

Respondent

Procedural Posture

Ex Parte Third Party Application / Ruling on Application for Leave to Issue Third Party Notice

Legal Issues

  1. 1 Whether applicants are entitled to leave to issue a third party notice for indemnity against respondents
  2. 2 Whether sufficient grounds exist for joining 2nd and 3rd respondents as third parties in the main suit

Ratio Decidendi

Applicants have demonstrated sufficient grounds for indemnity claim against 2nd and 3rd respondents based on their role as financial advisors and facts disclosed in affidavit; leave to issue third party notice is granted to avoid multiplicity of proceedings and serve justice.

Court Disposition

application granted

Orders

  • Leave granted to applicants to issue and serve third party notice to 2nd and 3rd respondents within 7 days
  • Costs to be costs in the cause