Servictrade v VT Agro PO on Cause of Action

Servictrade v VT Agro PO on Cause of Action

The plaint, when read as a whole, contains averments that include the 6th defendant in the alleged transactions, and the determination of his role requires evidence. Therefore, the preliminary objection does not raise a pure point of law and is without merit.

Citation
Servictrade v VT Agro PO on Cause of Action
Parties
Plaintiff: SERVICTRADE-SERVICES & TRADE LDA; 1st Defendant: V.T. AGRO COMMODITIES LTD; 2nd Defendant: ABEID SWALEHE MKAPA; 3rd Defendant: KHAMIS SAID MAULID; 4th Defendant: YUSUF SULEIMAN; 5th Defendant: LAKE COLLATERAL CO. LTD; 6th Defendant: STOKI HAMIS JOACHIM
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2012
Procedural Posture
Commercial Case / Ruling on Preliminary Objection
Outcome
Preliminary objection overruled
Legal Topics
Preliminary Objection, Cause of Action, Misjoinder of Parties, Pleadings
Source Language
English
Civil Procedure Commercial Law Preliminary Objection Cause of Action Misjoinder of Parties Pleadings

Case Brief

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Parties

SERVICTRADE-SERVICES & TRADE LDA

Plaintiff

V.T. AGRO COMMODITIES LTD

1st Defendant

ABEID SWALEHE MKAPA

2nd Defendant

KHAMIS SAID MAULID

3rd Defendant

YUSUF SULEIMAN

4th Defendant

LAKE COLLATERAL CO. LTD

5th Defendant

STOKI HAMIS JOACHIM

6th Defendant

Procedural Posture

Commercial Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the plaint discloses a cause of action against the 6th defendant
  2. 2 Whether the suit is bad in law for misjoinder of the 6th defendant

Ratio Decidendi

The plaint, when read as a whole, contains averments that include the 6th defendant in the alleged transactions, and the determination of his role requires evidence. Therefore, the preliminary objection does not raise a pure point of law and is without merit.

Court Disposition

Preliminary objection overruled

Orders

  • Preliminary objection dismissed for want of merit
  • Costs to follow the outcome of the suit