20120806 TZHC Dar es Salaam

20120806 TZHC Dar es Salaam

The intervener's counter-claim sought relief only against the plaintiff and not the Third Party; therefore, there was no cause of action against the Third Party, and the counter-claim must be dismissed.

Citation
20120806 TZHC Dar es Salaam
Parties
Plaintiff: Rasilimali Ltd; Defendant: M. I. C. Tanzania Limited; Third Party: Tanzania Building Agency; Intervener: Felix Henry Kilewo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 August 2012
Procedural Posture
Civil Case / Ruling on Preliminary Objection to Counter Claim
Outcome
Counter-claim dismissed; no order as to costs.
Legal Topics
Preliminary Objection, Cause of Action, Counter Claim
Source Language
English
Civil Procedure Preliminary Objection Cause of Action Counter Claim

Case Brief

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Parties

Rasilimali Ltd

Plaintiff

M. I. C. Tanzania Limited

Defendant

Tanzania Building Agency

Third Party

Felix Henry Kilewo

Intervener

Procedural Posture

Civil Case / Ruling on Preliminary Objection to Counter Claim

Legal Issues

  1. 1 Whether the intervener has a cause of action against the Third Party

Ratio Decidendi

The intervener's counter-claim sought relief only against the plaintiff and not the Third Party; therefore, there was no cause of action against the Third Party, and the counter-claim must be dismissed.

Court Disposition

Counter-claim dismissed; no order as to costs.

Orders

  • Counter-claim by the intervener against the Third Party is dismissed.
  • No order as to costs.