meiya properties limited vs crdb bank plc 3 others 2023 tzhclandd 17248 19 december 2023

meiya properties limited vs crdb bank plc 3 others 2023 tzhclandd 17248 19 december 2023

The application is incompetent because the Applicant, a company registered under Cap 212, did not attach a board resolution authorizing institution of the suit nor made a statement that the board or members sanctioned the proceedings, rendering the application void.

Source-derived case information.

Citation
meiya properties limited vs crdb bank plc 3 others 2023 tzhclandd 17248 19 december 2023
Parties
Applicant: Meiya Properties Limited; 1st Respondent: CRDB Bank PLC; 2nd Respondent: Multimodal Transport Africa Ltd; 3rd Respondent: Accurate Recovery & Auctions Ltd; 4th Respondent: Leonard Igaga Mahende
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
19 December 2023
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objections
Outcome
Application struck out with costs
Legal Topics
Board Resolution Requirement, Preliminary Objection, Legal Capacity of Companies
Source Language
english
Company Law Civil Procedure Land Law Board Resolution Requirement Preliminary Objection Legal Capacity of Companies

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Summary, issues, holding and outcome

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Parties

Meiya Properties Limited

Applicant

CRDB Bank PLC

1st Respondent

Multimodal Transport Africa Ltd

2nd Respondent

Accurate Recovery & Auctions Ltd

3rd Respondent

Leonard Igaga Mahende

4th Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the application is incompetent for lack of applicant's board resolution authorizing institution of the suit
  2. 2 Whether the application is bad in law for non-joinder of the Registrar of Titles/Commissioner for Lands

Ratio Decidendi

The application is incompetent because the Applicant, a company registered under Cap 212, did not attach a board resolution authorizing institution of the suit nor made a statement that the board or members sanctioned the proceedings, rendering the application void.

Court Disposition

Application struck out with costs

Orders

  • The application is struck out
  • Costs awarded to Respondents