shantilal kanji kotecha vs nic another 2007 tzhc 70 18 april 2007

shantilal kanji kotecha vs nic another 2007 tzhc 70 18 april 2007

The 2nd defendant, as Receiver Manager, must be joined as a party; the verification clause is defective for not stating the date and place, but the defect can be remedied by amendment rather than striking out the plaint.

Citation
shantilal kanji kotecha vs nic another 2007 tzhc 70 18 april 2007
Parties
Plaintiff: Shantilal Kanji Kotecha; 1st Defendant: National Insurance Corporation of Tanzania Limited; 2nd Defendant: Presidential Parastatal Sector Reform Commission
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 April 2007
Procedural Posture
Civil Case / Ruling on Preliminary Objection
Outcome
Preliminary objection partly upheld and partly dismissed
Legal Topics
Verification of Pleadings, Joinder of Parties, Receiver Manager Liability
Source Language
English
Civil Procedure Verification of Pleadings Joinder of Parties Receiver Manager Liability

Case Brief

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Parties

Shantilal Kanji Kotecha

Plaintiff

National Insurance Corporation of Tanzania Limited

1st Defendant

Presidential Parastatal Sector Reform Commission

2nd Defendant

Procedural Posture

Civil Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the plaintiff has a cause of action against the 2nd defendant
  2. 2 Whether the verification clause of the plaint complies with Order VI Rule 15(3) of the Civil Procedure Code 1966

Ratio Decidendi

The 2nd defendant, as Receiver Manager, must be joined as a party; the verification clause is defective for not stating the date and place, but the defect can be remedied by amendment rather than striking out the plaint.

Court Disposition

Preliminary objection partly upheld and partly dismissed

Orders

  • First preliminary objection dismissed
  • Second preliminary objection partly upheld