intertec east africa as vs b sd international 1998 tzca 14 3 december 1998

intertec east africa as vs b sd international 1998 tzca 14 3 december 1998

The appellant was never incorporated in Denmark and thus had no legal existence or capacity to sue in Tanzania; the suit was a nullity from the start and should have been struck out on that basis.

Source-derived case information.

Citation
intertec east africa as vs b sd international 1998 tzca 14 3 december 1998
Parties
Appellant: Intertec East Africa AS; Respondent: B & S International
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
3 December 1998
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Corporate Capacity, Foreign Company Registration, Locus Standi, Striking Out Suits, Preliminary Issues
Source Language
english
Company Law Civil Procedure Corporate Capacity Foreign Company Registration Locus Standi Striking Out Suits Preliminary Issues

Source-derived case record

Summary, issues, holding and outcome

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Parties

Intertec East Africa AS

Appellant

B & S International

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant company was incorporated in Denmark and thus had legal capacity to sue in Tanzania
  2. 2 Whether the suit was competent given the appellant's legal status
  3. 3 Whether the trial court erred in not disposing of the case on a preliminary issue of law

Ratio Decidendi

The appellant was never incorporated in Denmark and thus had no legal existence or capacity to sue in Tanzania; the suit was a nullity from the start and should have been struck out on that basis.

Court Disposition

Appeal dismissed