20171218 TZHC Dar es Salaam 1

20171218 TZHC Dar es Salaam 1

Under Tanzanian law, as reflected in Order VIII of the Civil Procedure Code, a counter-claim need not arise from the same transaction as the original suit and may be maintained as an independent action. The preliminary objections regarding misjoinder and introduction of a lease-based claim are without merit. The counter-claim is legally proper.

Citation
20171218 TZHC Dar es Salaam 1
Parties
Plaintiff: Hass Petroleum (T) Ltd; Defendant/counter Claimant: Njake Enterprises and Petroleum Transport Ltd / Njake Enterprises and Oil Transport Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 December 2017
Procedural Posture
Civil Suit / Ruling on Preliminary Objection to Counter Claim
Outcome
Preliminary objections overruled with costs.
Legal Topics
Counter Claim, Misjoinder of Causes of Action, Lease, Supply of Goods, Jurisdiction
Source Language
English
Civil Procedure Counter Claim Misjoinder of Causes of Action Lease Supply of Goods Jurisdiction

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Parties

Hass Petroleum (T) Ltd

Plaintiff

Njake Enterprises and Petroleum Transport Ltd / Njake Enterprises and Oil Transport Ltd

Defendant/counter Claimant

Procedural Posture

Civil Suit / Ruling on Preliminary Objection to Counter Claim

Legal Issues

  1. 1 Whether the counter-claim is bad in law for misjoinder of causes of action
  2. 2 Whether the counter-claim improperly introduces a new cause of action based on lease outside the realm of a civil suit

Ratio Decidendi

Under Tanzanian law, as reflected in Order VIII of the Civil Procedure Code, a counter-claim need not arise from the same transaction as the original suit and may be maintained as an independent action. The preliminary objections regarding misjoinder and introduction of a lease-based claim are without merit. The counter-claim is legally proper.

Court Disposition

Preliminary objections overruled with costs.

Orders

  • Preliminary objections dismissed.
  • Counter-claim to proceed.