CIVIL CASE NO

CIVIL CASE NO

The Plaintiff is entitled to rely on the exemption under section 21(1) of the Law of Limitation Act as the previous suit was struck out for incompetence due to lack of a board resolution, which qualifies as 'other cause of like nature.' The board resolution attached to the Plaint is not defective as it may be signed by any authorized person under section 187(3) of the Companies Act. Both preliminary objections are overruled.

Citation
CIVIL CASE NO
Parties
Plaintiff: Nandhra Engineering & Construction Company Limited; 1st Defendant: Ambiere Real Estate Limited; 2nd Defendant: Y & P Architects (T) Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Civil Case / Ruling on Preliminary Objections
Outcome
Preliminary objections overruled
Legal Topics
Limitation of Actions, Board Resolution Validity, Company Secretary Requirements, Payment Certificates in Construction Contracts
Source Language
English
Civil Procedure Contract Law Company Law Limitation of Actions Board Resolution Validity Company Secretary Requirements Payment Certificates in Construction Contracts

Case Brief

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Parties

Nandhra Engineering & Construction Company Limited

Plaintiff

Ambiere Real Estate Limited

1st Defendant

Y & P Architects (T) Limited

2nd Defendant

Procedural Posture

Civil Case / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the suit is time-barred under the Law of Limitation Act
  2. 2 Whether the suit is incompetent due to a defective board resolution

Ratio Decidendi

The Plaintiff is entitled to rely on the exemption under section 21(1) of the Law of Limitation Act as the previous suit was struck out for incompetence due to lack of a board resolution, which qualifies as 'other cause of like nature.' The board resolution attached to the Plaint is not defective as it may be signed by any authorized person under section 187(3) of the Companies Act. Both preliminary objections are overruled.

Court Disposition

Preliminary objections overruled

Orders

  • Both preliminary objections are overruled
  • No order as to costs