ROBBY TRADERS LTD VS CRDB BANK LTD COMM CASE NO

ROBBY TRADERS LTD VS CRDB BANK LTD COMM CASE NO

The plaintiff failed to disclose the date when the cause of action arose, making it impossible for the court to determine if the suit is time barred; consequently, the suit is struck out for failure to state material particulars necessary for maintainability.

Citation
ROBBY TRADERS LTD VS CRDB BANK LTD COMM CASE NO
Parties
Applicant: Robby Traders Limited; 1st Respondent: CRDB Bank Limited; 2nd Respondent: Tanzania National Roads Agency (TANROADS)
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2012
Procedural Posture
Commercial Case / Ruling on Preliminary Objection
Outcome
suit struck out
Legal Topics
Limitation of Actions, Breach of Contract, Misjoinder, Cause of Action
Source Language
English
Contract Law Civil Procedure Limitation of Actions Breach of Contract Misjoinder Cause of Action

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Parties

Robby Traders Limited

Applicant

CRDB Bank Limited

1st Respondent

Tanzania National Roads Agency (TANROADS)

2nd Respondent

Procedural Posture

Commercial Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the suit is time barred under the Law of Limitation Act
  2. 2 Whether the plaint discloses the date when the cause of action arose
  3. 3 Whether the suit is maintainable for failure to state material particulars

Ratio Decidendi

The plaintiff failed to disclose the date when the cause of action arose, making it impossible for the court to determine if the suit is time barred; consequently, the suit is struck out for failure to state material particulars necessary for maintainability.

Court Disposition

suit struck out

Orders

  • The preliminary objection is upheld to the extent indicated.
  • The suit is struck out with costs.