20050718 TZHC Dar es Salaam

20050718 TZHC Dar es Salaam

Leave to sue the 1st defendant was properly obtained and granted by the court prior to filing the suit; the plaint discloses a cause of action and locus standi based on the facts pleaded.

Citation
20050718 TZHC Dar es Salaam
Parties
Plaintiff: Lucky Star & Sons; 1st Defendant: The Managing Director National Insurance Corporation (T) Ltd; 2nd Defendant: Presidential Parastatal Sector Reform Commission (PSRC)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 July 2005
Procedural Posture
Civil / Ruling on Preliminary Objections
Outcome
Both preliminary objections dismissed
Legal Topics
Preliminary Objection, Leave to Sue Under Receivership, Cause of Action, Locus Standi
Source Language
English
Civil Procedure Insurance Law Preliminary Objection Leave to Sue Under Receivership Cause of Action Locus Standi

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Lucky Star & Sons

Plaintiff

The Managing Director National Insurance Corporation (T) Ltd

1st Defendant

Presidential Parastatal Sector Reform Commission (PSRC)

2nd Defendant

Procedural Posture

Civil / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether leave was required and obtained to sue the 1st defendant under receivership
  2. 2 Whether the plaint discloses a cause of action and locus standi

Ratio Decidendi

Leave to sue the 1st defendant was properly obtained and granted by the court prior to filing the suit; the plaint discloses a cause of action and locus standi based on the facts pleaded.

Court Disposition

Both preliminary objections dismissed

Orders

  • First preliminary objection dismissed
  • Second preliminary objection dismissed