african development bank eastern southern african trade vs ms east african development bank another 2012 tzca 117 19 march 2012

african development bank eastern southern african trade vs ms east african development bank another 2012 tzca 117 19 march 2012

Since the applicants did not cite Rule 109(1) of the Court of Appeal Rules, 2009, which is the specific provision for joinder of interested parties, and instead cited inapplicable provisions, the applications are incompetent and must be struck out.

Citation
african development bank eastern southern african trade vs ms east african development bank another 2012 tzca 117 19 march 2012
Parties
1st Applicant: African Development Bank; 2nd Applicant: Eastern and Southern African Trade and Development Bank (PTA Bank); 1st Respondent: M/S East African Development Bank; 2nd Respondent: M/S Blueline Enterprises Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
19 March 2012
Procedural Posture
Consolidated Civil Applications / Ruling on Preliminary Objections Regarding Joinder as Interested Parties
Outcome
Applications struck out as incompetent.
Legal Topics
Joinder of Parties, Immunity of International Organizations, Proper Citation of Legal Provisions, Appellate Procedure
Source Language
English
Civil Procedure Banking Law International Law Joinder of Parties Immunity of International Organizations Proper Citation of Legal Provisions Appellate Procedure

Case Brief

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Parties

African Development Bank

1st Applicant

Eastern and Southern African Trade and Development Bank (PTA Bank)

2nd Applicant

M/S East African Development Bank

1st Respondent

M/S Blueline Enterprises Limited

2nd Respondent

Procedural Posture

Consolidated Civil Applications / Ruling on Preliminary Objections Regarding Joinder as Interested Parties

Legal Issues

  1. 1 Whether the applicants properly moved the Court by citing the correct legal provisions for joinder as interested parties
  2. 2 Whether the applications are competent given the cited provisions

Ratio Decidendi

Since the applicants did not cite Rule 109(1) of the Court of Appeal Rules, 2009, which is the specific provision for joinder of interested parties, and instead cited inapplicable provisions, the applications are incompetent and must be struck out.

Court Disposition

Applications struck out as incompetent.

Orders

  • Applications struck out for non-citation of the proper provision of law.
  • No order as to costs.