investment house ltd vs webb technologies t ltd others 2016 tzhccomd 2017 26 february 2016

investment house ltd vs webb technologies t ltd others 2016 tzhccomd 2017 26 february 2016

All preliminary objections raised are based on questions of fact or are curable defects, not pure points of law, and thus cannot be sustained at this stage. The plaint and its annexures sufficiently show jurisdiction, and amendments made are within the court's order and do not introduce new causes of action.

Citation
investment house ltd vs webb technologies t ltd others 2016 tzhccomd 2017 26 february 2016
Parties
Plaintiff: Investment House Limited; 1st Defendant: Webb Technologies (T) Limited; 2nd Defendant: United Bank of Africa (T) Limited; 3rd Defendant: Bank of Tanzania
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
26 February 2016
Procedural Posture
Commercial Case / Ruling on Preliminary Objections
Outcome
All preliminary objections overruled and dismissed with costs.
Legal Topics
Preliminary Objection, Board Resolution, Jurisdiction, Amendment of Pleadings
Source Language
English
Civil Procedure Company Law Commercial Law Preliminary Objection Board Resolution Jurisdiction Amendment of Pleadings

Case Brief

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Parties

Investment House Limited

Plaintiff

Webb Technologies (T) Limited

1st Defendant

United Bank of Africa (T) Limited

2nd Defendant

Bank of Tanzania

3rd Defendant

Procedural Posture

Commercial Case / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the suit is incompetent for want of Board Resolution
  2. 2 Whether the suit is premature for failure to issue notice as per agreement
  3. 3 Whether the amended plaint contravenes the court's order

Ratio Decidendi

All preliminary objections raised are based on questions of fact or are curable defects, not pure points of law, and thus cannot be sustained at this stage. The plaint and its annexures sufficiently show jurisdiction, and amendments made are within the court's order and do not introduce new causes of action.

Court Disposition

All preliminary objections overruled and dismissed with costs.

Orders

  • All preliminary objections by the 1st and 2nd defendants are overruled and dismissed with costs.