national bureau de change ltd vs tai milling industries ltd 3athers 2003 tzhccomd 34 18 december 2003

national bureau de change ltd vs tai milling industries ltd 3athers 2003 tzhccomd 34 18 december 2003

Both suits are substantially based on the same subject matter and parties; therefore, the suit filed in the Commercial Division cannot proceed while the earlier suit is pending at the Dar-Es-Salaam Registry. The later suit must be struck out as per Order IV Rule 1(3) of the Civil Procedure Code, 1966.

Citation
national bureau de change ltd vs tai milling industries ltd 3athers 2003 tzhccomd 34 18 december 2003
Parties
Plaintiff: National Bureau de Change Ltd; 1st Defendant: TAl Milling Industries Ltd; 2nd Defendant: Salim Hamdun Said; 3rd Defendant: Ashura Swedi; 4th Defendant: Said Salim
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
18 December 2003
Procedural Posture
Summary Suit / Preliminary Objection and Application for Striking Out or Stay
Outcome
Suit struck out with costs
Legal Topics
Jurisdiction, Res Sub Judice, Summary Suits, Locus Standi
Source Language
English
Civil Procedure Commercial Law Jurisdiction Res Sub Judice Summary Suits Locus Standi

Case Brief

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Parties

National Bureau de Change Ltd

Plaintiff

TAl Milling Industries Ltd

1st Defendant

Salim Hamdun Said

2nd Defendant

Ashura Swedi

3rd Defendant

Said Salim

4th Defendant

Procedural Posture

Summary Suit / Preliminary Objection and Application for Striking Out or Stay

Legal Issues

  1. 1 Whether the defendants have locus standi to seek striking out or stay before obtaining leave to defend in a summary suit
  2. 2 Whether the suit should be struck out or stayed due to pendency of a similar suit between the same parties on the same subject matter

Ratio Decidendi

Both suits are substantially based on the same subject matter and parties; therefore, the suit filed in the Commercial Division cannot proceed while the earlier suit is pending at the Dar-Es-Salaam Registry. The later suit must be struck out as per Order IV Rule 1(3) of the Civil Procedure Code, 1966.

Court Disposition

Suit struck out with costs

Orders

  • Suit struck out with costs