luwaita amcos limited vstanzania coffee board and another 2020 tzhc 4489 10 november 2020

The plaintiff failed to demonstrate locus standi as there was no board resolution authorizing the institution of the suit; therefore, the suit is struck out.

Citation: luwaita amcos limited vstanzania coffee board and another 2020 tzhc 4489 10 november 2020
Parties: Applicant: Luwaita Amcos Limited; 1st Respondent: Tanzania Coffee Board; 2nd Respondent: Astery Bitegeko
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 10 November 2020
Procedural Posture: Civil / Ruling on Preliminary Objection
Outcome: suit struck out
Legal Topics: Locus Standi, Corporate Authorization, Preliminary Objection
Source Language: English

Civil Procedure Corporate Law Locus Standi Corporate Authorization Preliminary Objection

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 2

Parties

Luwaita Amcos Limited

Applicant

Tanzania Coffee Board

1st Respondent

Astery Bitegeko

2nd Respondent

Procedural Posture

Civil / Ruling on Preliminary Objection

Legal Issues

1 Whether the plaintiff has locus standi to institute the suit without a board resolution authorizing the proceedings

Ratio Decidendi

The plaintiff failed to demonstrate locus standi as there was no board resolution authorizing the institution of the suit; therefore, the suit is struck out.

Court Disposition

suit struck out

Orders

Suit struck out for want of locus standi
No order as to costs specified in the ruling