janet william kimaro and others vs pelagia auye mrema and others 2020 tzhccomd 2015 8 july 2020

janet william kimaro and others vs pelagia auye mrema and others 2020 tzhccomd 2015 8 july 2020

The petitioners, as duly appointed personal legal representatives of the deceased shareholder, have locus standi to institute the petition. The argument that locus standi arises only after transmission of shares or filing of inventory is misconceived and not supported by law. The preliminary objection does not have legal merit and is overruled.

Citation
janet william kimaro and others vs pelagia auye mrema and others 2020 tzhccomd 2015 8 july 2020
Parties
Petitioner: Janeth William Kimaro; Petitioner: Michael Mrema; Petitioner: Viv Mrema; Respondent: Pelagia Auye Mrema; Respondent: Randle Mrema; Respondent: Impala Hotel Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
8 July 2020
Procedural Posture
Miscellaneous Commercial Application / Ruling on Preliminary Objection
Outcome
Preliminary objection overruled
Legal Topics
Locus Standi, Legal Personal Representative, Preliminary Objection, Company Membership, Probate and Administration
Source Language
English
Company Law Civil Procedure Locus Standi Legal Personal Representative Preliminary Objection Company Membership Probate and Administration

Case Brief

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Parties

Janeth William Kimaro

Petitioner

Michael Mrema

Petitioner

Viv Mrema

Petitioner

Pelagia Auye Mrema

Respondent

Randle Mrema

Respondent

Impala Hotel Limited

Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the petitioners have locus standi to institute the petition as personal legal representatives of the deceased shareholder in Impala Hotel Limited.
  2. 2 Whether the preliminary objection raised constitutes a pure point of law.

Ratio Decidendi

The petitioners, as duly appointed personal legal representatives of the deceased shareholder, have locus standi to institute the petition. The argument that locus standi arises only after transmission of shares or filing of inventory is misconceived and not supported by law. The preliminary objection does not have legal merit and is overruled.

Court Disposition

Preliminary objection overruled

Orders

  • Preliminary objection dismissed with costs to follow the outcome of the petition