hasnain m murji vs abdulrahim a salum ta abdulrahim enterprises 2012 tzca 13 29 june 2012

The High Court erred by treating the appellant, a third party, as a defendant and imposing direct liability, contrary to third party procedure under Order 1 rule 14 of the Civil Procedure Act.

Citation: hasnain m murji vs abdulrahim a salum ta abdulrahim enterprises 2012 tzca 13 29 june 2012
Parties: Appellant: Hasnain M. Murji; Respondent: Abdulrahim A. Salum t/a Abdulrahim Enterprises
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 29 June 2012
Procedural Posture: Civil Appeal / Second Appeal
Outcome: appeal allowed
Legal Topics: Third Party Procedure, Liability, Indemnity
Source Language: English

Civil Procedure Third Party Procedure Liability Indemnity

Case Brief

Summary, issues, holding and outcome

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Parties

Hasnain M. Murji

Appellant

Abdulrahim A. Salum t/a Abdulrahim Enterprises

Respondent

Procedural Posture

Civil Appeal / Second Appeal

Legal Issues

1 Whether the High Court erred in holding the appellant, a third party, liable to pay the respondent.
2 Whether the High Court misdirected itself by treating the appellant as a defendant in the original suit.

Ratio Decidendi

The High Court erred by treating the appellant, a third party, as a defendant and imposing direct liability, contrary to third party procedure under Order 1 rule 14 of the Civil Procedure Act.

Court Disposition

appeal allowed

Orders

Judgment and decree of the High Court set aside.
Appellant awarded costs.