pharmacy council vs kagera pharmacy 2018 tzhc 2393 6 april 2018

Kagera Pharmacy, being a business name and not a juristic person, lacked locus standi to institute the suit; thus, all proceedings, judgment, and orders are nullities and set aside.

Citation: pharmacy council vs kagera pharmacy 2018 tzhc 2393 6 april 2018
Parties: Appellant: Pharmacy Council; Respondent: Kagera Pharmacy
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 6 April 2018
Procedural Posture: Civil Appeal / Judgment on Appeal
Outcome: appeal allowed
Legal Topics: Locus Standi, Juristic Person, Res Judicata, Ex Parte Judgment, Corporate Personality
Source Language: English

Civil Procedure Company Law Locus Standi Juristic Person Res Judicata Ex Parte Judgment Corporate Personality

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 2

Parties

Pharmacy Council

Appellant

Kagera Pharmacy

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

1 Whether Kagera Pharmacy had locus standi to institute the suit
2 Whether the proceedings and ex-parte judgment were valid

Ratio Decidendi

Kagera Pharmacy, being a business name and not a juristic person, lacked locus standi to institute the suit; thus, all proceedings, judgment, and orders are nullities and set aside.

Court Disposition

appeal allowed

Orders

Proceedings in Civil Case No. 91 of 2014 quashed
Ex-parte judgment and decree set aside