msae investment co ltd vs national insurance corporation tanzania ltd others 2005 tzhc 187 3 february 2005

msae investment co ltd vs national insurance corporation tanzania ltd others 2005 tzhc 187 3 february 2005

The suit against the 2nd defendant is time barred as it was filed more than three years after the cause of action arose on the date of the accident. The suit against the 3rd defendant is not dismissed as the plaintiff is seeking indemnity and the 3rd defendant is the official receiver of the 1st defendant, and leave to join the 3rd defendant was previously granted by the court.

Citation
msae investment co ltd vs national insurance corporation tanzania ltd others 2005 tzhc 187 3 february 2005
Parties
Plaintiff: MSAE Investment Co. Ltd; 1st Defendant: The National Insurance Corporation (T) Ltd; 2nd Defendant: Yudika Mremi t/a Dar Express; 3rd Defendant: The Presidential Parastatal Sector Reform Commission
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
3 February 2005
Procedural Posture
Civil / Ruling on Preliminary Objections
Outcome
Suit against the 2nd defendant dismissed with costs; preliminary objection of the 3rd defendant dismissed with no order as to costs.
Legal Topics
Limitation of Actions, Cause of Action, Joinder of Parties
Source Language
English
Civil Procedure Tort Law Limitation of Actions Cause of Action Joinder of Parties

Case Brief

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Parties

MSAE Investment Co. Ltd

Plaintiff

The National Insurance Corporation (T) Ltd

1st Defendant

Yudika Mremi t/a Dar Express

2nd Defendant

The Presidential Parastatal Sector Reform Commission

3rd Defendant

Procedural Posture

Civil / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the suit against the 2nd defendant is time barred
  2. 2 Whether the plaintiff has a cause of action against the 3rd defendant

Ratio Decidendi

The suit against the 2nd defendant is time barred as it was filed more than three years after the cause of action arose on the date of the accident. The suit against the 3rd defendant is not dismissed as the plaintiff is seeking indemnity and the 3rd defendant is the official receiver of the 1st defendant, and leave to join the 3rd defendant was previously granted by the court.

Court Disposition

Suit against the 2nd defendant dismissed with costs; preliminary objection of the 3rd defendant dismissed with no order as to costs.

Orders

  • Suit against the 2nd defendant is dismissed with costs.
  • No order as to costs regarding the 3rd defendant.