mansoor industries limited vs tsn oil tanzania limited 2 others 2022 tzhccomd 144 30 may 2022

mansoor industries limited vs tsn oil tanzania limited 2 others 2022 tzhccomd 144 30 may 2022

The plaint does not disclose a cause of action against the 2nd and 3rd defendants as it fails to state how liability arises on their part and the Memorandum of Understanding is only between the plaintiff and the 1st defendant.

Citation
mansoor industries limited vs tsn oil tanzania limited 2 others 2022 tzhccomd 144 30 may 2022
Parties
Plaintiff: Mansoor Industries Limited; 1st Defendant: TSN Oil (Tanzania) Limited; 2nd Defendant: Farough Ahmed Baghozah; 3rd Defendant: Ruwidah Farough Baghozah
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
30 May 2022
Procedural Posture
Commercial Case / Ruling on Preliminary Objection
Outcome
Plaintiff directed to amend plaint within fourteen days to remove or justify inclusion of 2nd and 3rd defendants; costs in the main cause.
Legal Topics
Cause of Action, Pleadings, Amendment of Pleadings
Source Language
English
Civil Procedure Cause of Action Pleadings Amendment of Pleadings

Case Brief

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Parties

Mansoor Industries Limited

Plaintiff

TSN Oil (Tanzania) Limited

1st Defendant

Farough Ahmed Baghozah

2nd Defendant

Ruwidah Farough Baghozah

3rd Defendant

Procedural Posture

Commercial Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the plaint discloses a cause of action against the 2nd and 3rd defendants

Ratio Decidendi

The plaint does not disclose a cause of action against the 2nd and 3rd defendants as it fails to state how liability arises on their part and the Memorandum of Understanding is only between the plaintiff and the 1st defendant.

Court Disposition

Plaintiff directed to amend plaint within fourteen days to remove or justify inclusion of 2nd and 3rd defendants; costs in the main cause.

Orders

  • Plaintiff to amend plaint within fourteen days to remove 2nd and 3rd defendants or add facts disclosing cause of action against them.
  • Costs to be in the main cause.