sharaf shipping agency tltd vs barclay bank ltd another 2023 tzhccomd 57 24 february 2023
Absence of board resolution does not render the suit incompetent as it is not a mandatory statutory requirement for a company to institute a suit; the issue is an internal affair and does not affect locus standi.
- Citation
- sharaf shipping agency tltd vs barclay bank ltd another 2023 tzhccomd 57 24 february 2023
- Parties
- Plaintiff: Sharaf Shipping Agency (T) Limited; 1st Defendant: Barclays Bank Tanzania Limited; 2nd Defendant: Habib African Bank Limited
- Court
- TZHCCOMD
- Jurisdiction
- Tanzania
- Judgment Date
- 24 February 2023
- Procedural Posture
- Commercial Case / Ruling on Preliminary Objection
- Outcome
- Preliminary Objection overruled
- Legal Topics
- Board Resolution, Locus Standi, Preliminary Objection
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Sharaf Shipping Agency (T) Limited
Plaintiff
Barclays Bank Tanzania Limited
1st Defendant
Habib African Bank Limited
2nd Defendant
Procedural Posture
Commercial Case / Ruling on Preliminary Objection
Legal Issues
- 1 Whether failure to plead and annex board resolution renders the suit incompetent
- 2 Whether board resolution is mandatory for a company to institute a suit
- 3 Whether absence of board resolution affects locus standi of the company
Ratio Decidendi
Absence of board resolution does not render the suit incompetent as it is not a mandatory statutory requirement for a company to institute a suit; the issue is an internal affair and does not affect locus standi.
Court Disposition
Preliminary Objection overruled
Orders
- Plaintiff shall have her costs
Full Case Text
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