20101011 TZCA Dar es Salaam

20101011 TZCA Dar es Salaam

Since PSRC ceased to exist and its residual functions and powers were vested in Consolidated Holding Corporation by Act No. 26 of 2007, the latter must be substituted as respondent in the pending appeal.

Citation
20101011 TZCA Dar es Salaam
Parties
Applicant: Shengena Limited; 1st Respondent: National Insurance Corporation of Tanzania Limited; 2nd Respondent: Parastatal Sector Reform Commission
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
11 October 2010
Procedural Posture
Civil Application / Application for Leave to Substitute Party on Appeal
Outcome
Application allowed
Legal Topics
Substitution of Parties, Appeal Procedure, Corporate Succession
Source Language
English
Civil Procedure Substitution of Parties Appeal Procedure Corporate Succession

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Parties

Shengena Limited

Applicant

National Insurance Corporation of Tanzania Limited

1st Respondent

Parastatal Sector Reform Commission

2nd Respondent

Procedural Posture

Civil Application / Application for Leave to Substitute Party on Appeal

Legal Issues

  1. 1 Whether Consolidated Holding Corporation should be substituted for Parastatal Sector Reform Commission as respondent in Civil Appeal No. 9 of 2008

Ratio Decidendi

Since PSRC ceased to exist and its residual functions and powers were vested in Consolidated Holding Corporation by Act No. 26 of 2007, the latter must be substituted as respondent in the pending appeal.

Court Disposition

Application allowed

Orders

  • Consolidated Holding Corporation to be substituted for Parastatal Sector Reform Commission as respondent in Civil Appeal No. 9 of 2008
  • Leave granted to amend the title of the appeal to reflect the new respondent