20190614 TZHC Dar es Salaam 2

20190614 TZHC Dar es Salaam 2

The second defendant's report to the SFO was a legal obligation and enjoys absolute immunity under common law; no suit can lie against the second defendant, and the suit against the first defendant also fails as no cause of action is disclosed.

Citation
20190614 TZHC Dar es Salaam 2
Parties
Plaintiff: Shose Sina; 1st Defendant: Stanbic Bank Tanzania Limited; 2nd Defendant: ICBC Standard Bank PLC (formerly Standard Bank PLC)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 June 2019
Procedural Posture
Civil Case / Ruling on Preliminary Objections
Outcome
Suit struck out
Legal Topics
Jurisdiction, Absolute Immunity, Deferred Prosecution Agreement, Bribery Allegations
Source Language
English
Civil Procedure Banking Law Anti Corruption Law Jurisdiction Absolute Immunity Deferred Prosecution Agreement Bribery Allegations

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Parties

Shose Sina

Plaintiff

Stanbic Bank Tanzania Limited

1st Defendant

ICBC Standard Bank PLC (formerly Standard Bank PLC)

2nd Defendant

Procedural Posture

Civil Case / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the second defendant enjoys absolute immunity from suit for reporting suspicious transactions to UK authorities
  2. 2 Whether the suit is maintainable against the first and second defendants

Ratio Decidendi

The second defendant's report to the SFO was a legal obligation and enjoys absolute immunity under common law; no suit can lie against the second defendant, and the suit against the first defendant also fails as no cause of action is disclosed.

Court Disposition

Suit struck out

Orders

  • Suit against both defendants is struck out