THE NBC LTD VS MOHAMED TRANS LTD CONSOLIDATED COMM CAUSE NO

THE NBC LTD VS MOHAMED TRANS LTD CONSOLIDATED COMM CAUSE NO

A petition by a creditor under section 265 of the Companies Act for discharge of an administration order constitutes legal proceedings and requires leave of the court under section 250(3)(d); absence of such leave renders the petition incompetent and liable to be struck out.

Citation
THE NBC LTD VS MOHAMED TRANS LTD CONSOLIDATED COMM CAUSE NO
Parties
Petitioner: The National Bank of Commerce Limited; Petitioner: Commercial Bank of Africa Tanzania Limited; Respondent: Mohamed Trans Limited; Respondent: Paul Justine Mgaya
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2015
Procedural Posture
Consolidated Commercial Causes / Ruling on Preliminary Objections
Outcome
petition struck out
Legal Topics
Administration Order, Leave of Court, Creditor Rights, Companies Act Interpretation
Source Language
English
Company Law Insolvency Administration Order Leave of Court Creditor Rights Companies Act Interpretation

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Parties

The National Bank of Commerce Limited

Petitioner

Commercial Bank of Africa Tanzania Limited

Petitioner

Mohamed Trans Limited

Respondent

Paul Justine Mgaya

Respondent

Procedural Posture

Consolidated Commercial Causes / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether a creditor's petition for discharge of an administration order under section 265 of the Companies Act requires leave of the court or consent of the administrator under section 250(3)(d) of the Companies Act.

Ratio Decidendi

A petition by a creditor under section 265 of the Companies Act for discharge of an administration order constitutes legal proceedings and requires leave of the court under section 250(3)(d); absence of such leave renders the petition incompetent and liable to be struck out.

Court Disposition

petition struck out

Orders

  • Petition struck out for want of leave of the court.
  • Costs awarded to the respondents.