20040910 TZHC Arusha

The suit was incompetent and premature as no leave of the court was sought or obtained prior to its institution against a specified corporation, as required by law.

Citation: 20040910 TZHC Arusha
Parties: Plaintiff: PRO:NETT IONA.BO; 1st Defendant: Tanzania Natural Development Ltd; 2nd Defendant: Presidential Parastatal Sector Reform Commission (PPSRC)
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 10 September 2004
Procedural Posture: Civil Suit / Ruling on Preliminary Objections
Outcome: Suit struck out with costs
Legal Topics: Leave of Court, Jurisdiction, Employment Contract, Striking Out Suits
Source Language: English

Civil Procedure Leave of Court Jurisdiction Employment Contract Striking Out Suits

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Parties

PRO:NETT IONA.BO

Plaintiff

Tanzania Natural Development Ltd

1st Defendant

Presidential Parastatal Sector Reform Commission (PPSRC)

2nd Defendant

Procedural Posture

Civil Suit / Ruling on Preliminary Objections

Legal Issues

1 Whether the suit is incompetent for want of leave of the court to institute proceedings against a specified corporation
2 Whether the High Court has jurisdiction to entertain a suit based on a contract of employment against a specified corporation

Ratio Decidendi

The suit was incompetent and premature as no leave of the court was sought or obtained prior to its institution against a specified corporation, as required by law.

Court Disposition

Suit struck out with costs

Orders

The plaintiff's suit is struck out with costs