shiraz pyrali walji vs zamzam oil company ltd and others 2020 tzhccomd 2076 7 february 2020

shiraz pyrali walji vs zamzam oil company ltd and others 2020 tzhccomd 2076 7 february 2020

Applicant established sufficient grounds for indemnity and contribution from intended third parties based on pleadings and affidavits; leave to issue third party notices is proper under Order 1 rule 14 CPC.

Citation
shiraz pyrali walji vs zamzam oil company ltd and others 2020 tzhccomd 2076 7 february 2020
Parties
Applicant: Shiraz Pyrali Walji; 1st Respondent: Zamzam Oil Company Ltd; 2nd Respondent: Habib African Bank Ltd; 3rd Respondent: Kaniz Razahussin Fazal; 4th Respondent: Tahera Fazal; 5th Respondent: Mohamed Jeraj; 6th Respondent: Razal Fazal
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
7 February 2020
Procedural Posture
Miscellaneous Commercial Application / Ruling on Ex Parte Third Party Application
Outcome
Application granted
Legal Topics
Third Party Procedure, Indemnity, Contribution, Loan Guarantee
Source Language
English
Civil Procedure Commercial Law Third Party Procedure Indemnity Contribution Loan Guarantee

Case Brief

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Parties

Shiraz Pyrali Walji

Applicant

Zamzam Oil Company Ltd

1st Respondent

Habib African Bank Ltd

2nd Respondent

Kaniz Razahussin Fazal

3rd Respondent

Tahera Fazal

4th Respondent

Mohamed Jeraj

5th Respondent

Razal Fazal

6th Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Ex Parte Third Party Application

Legal Issues

  1. 1 Whether leave should be granted to issue third party notices for indemnity and contribution in respect of claims arising from a commercial loan

Ratio Decidendi

Applicant established sufficient grounds for indemnity and contribution from intended third parties based on pleadings and affidavits; leave to issue third party notices is proper under Order 1 rule 14 CPC.

Court Disposition

Application granted

Orders

  • Applicant granted leave to issue and serve Third Party Notices to Respondents within 7 days
  • Costs to be costs in the cause