method kashonda liquidator of tanzania film company limited others vs sisi enterprises limited another 2007 tzhc 426 5 october 2007

method kashonda liquidator of tanzania film company limited others vs sisi enterprises limited another 2007 tzhc 426 5 october 2007

The 1st Plaintiff was validly appointed as liquidator by Globe Accountancy Services, which was empowered by LART. The absence of a formal appointment deed does not invalidate the appointment. The verification clause is defective only as regards the 3rd Plaintiff, and this defect is curable by amendment.

Citation
method kashonda liquidator of tanzania film company limited others vs sisi enterprises limited another 2007 tzhc 426 5 october 2007
Parties
1st Plaintiff: Method Kashonda (Liquidator of Tanzania Film Company Limited); 2nd Plaintiff: Workers Development Corporation; 3rd Plaintiff: Ramesh Jani; 1st Defendant: SISI Enterprises Limited; 2nd Defendant: Nandikishore Chittaranjan Patel
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 October 2007
Procedural Posture
Civil / Ruling on Preliminary Objections
Outcome
Preliminary objection on locus standi dismissed; objection on verification upheld with order for amendment.
Legal Topics
Locus Standi, Liquidator Appointment, Verification of Pleadings
Source Language
English
Civil Procedure Company Law Locus Standi Liquidator Appointment Verification of Pleadings

Case Brief

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Parties

Method Kashonda (Liquidator of Tanzania Film Company Limited)

1st Plaintiff

Workers Development Corporation

2nd Plaintiff

Ramesh Jani

3rd Plaintiff

SISI Enterprises Limited

1st Defendant

Nandikishore Chittaranjan Patel

2nd Defendant

Procedural Posture

Civil / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the 1st Plaintiff is a competent person to institute and prosecute the proceedings as liquidator of Tanzania Film Company Limited
  2. 2 Whether the plaint is properly verified in accordance with the Civil Procedure Code

Ratio Decidendi

The 1st Plaintiff was validly appointed as liquidator by Globe Accountancy Services, which was empowered by LART. The absence of a formal appointment deed does not invalidate the appointment. The verification clause is defective only as regards the 3rd Plaintiff, and this defect is curable by amendment.

Court Disposition

Preliminary objection on locus standi dismissed; objection on verification upheld with order for amendment.

Orders

  • Plaintiffs to amend the verification clause in compliance with Order VI Rule 15(2) CPC.
  • Costs in the cause.