lucy thomas kimaro v stanbic bank t ltd 2022 tzhccomd 200 12 august 2022

lucy thomas kimaro v stanbic bank t ltd 2022 tzhccomd 200 12 august 2022

The applicant's joinder is necessary to ensure effectual and complete adjudication of all questions in the main suit, and the right to be heard is fundamental. The court is empowered to order joinder where justice so demands, even if the plaintiff has not chosen to sue the applicant.

Citation
lucy thomas kimaro v stanbic bank t ltd 2022 tzhccomd 200 12 august 2022
Parties
Applicant: Lucy Thomas Kimaro; 1st Respondent: Stanbic Bank (T) Ltd; 2nd Respondent: Lilian Sophia Kimaro
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
12 August 2022
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application for Joinder as Necessary Party
Outcome
Application granted
Legal Topics
Joinder of Parties, Matrimonial Property, Right to Be Heard
Source Language
English
Civil Procedure Commercial Law Joinder of Parties Matrimonial Property Right to Be Heard

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Parties

Lucy Thomas Kimaro

Applicant

Stanbic Bank (T) Ltd

1st Respondent

Lilian Sophia Kimaro

2nd Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Application for Joinder as Necessary Party

Legal Issues

  1. 1 Whether the applicant should be joined as a necessary party to Commercial Case No. 126 of 2021
  2. 2 Whether the applicant has a legal interest in the subject property warranting her joinder

Ratio Decidendi

The applicant's joinder is necessary to ensure effectual and complete adjudication of all questions in the main suit, and the right to be heard is fundamental. The court is empowered to order joinder where justice so demands, even if the plaintiff has not chosen to sue the applicant.

Court Disposition

Application granted

Orders

  • The applicant is joined as 2nd defendant to Commercial Case No. 126 of 2021.
  • No order as to costs.