paul juma vs diesel auto electrict service das ltd 2 others 2005 tzhccomd 46 11 july 2005

paul juma vs diesel auto electrict service das ltd 2 others 2005 tzhccomd 46 11 july 2005

Defects in verification of the plaint are curable and do not warrant striking out the plaint; preliminary objections regarding authority to institute suit and cause of action require evidence and are not suitable for summary disposal; all preliminary objections are dismissed with costs and plaintiffs are granted time to remedy verification defects.

Citation
paul juma vs diesel auto electrict service das ltd 2 others 2005 tzhccomd 46 11 july 2005
Parties
1st Plaintiff: National Oil (Tanzania) Ltd; 2nd Plaintiff: Exim Bank (Tanzania) Limited; Defendant: Standard Chartered Bank (T) Ltd
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
11 July 2005
Procedural Posture
Commercial Case / Ruling on Preliminary Objections
Outcome
Preliminary objections dismissed with costs
Legal Topics
Verification of Pleadings, Preliminary Objections, Authority to Institute Suit, Cause of Action
Source Language
English
Civil Procedure Commercial Law Verification of Pleadings Preliminary Objections Authority to Institute Suit Cause of Action

Case Brief

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Parties

National Oil (Tanzania) Ltd

1st Plaintiff

Exim Bank (Tanzania) Limited

2nd Plaintiff

Standard Chartered Bank (T) Ltd

Defendant

Procedural Posture

Commercial Case / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the plaint is incurably defective for lack of proper verification
  2. 2 Whether the plaintiffs had authority to institute the suit
  3. 3 Whether the second plaintiff has a cause of action against the defendant

Ratio Decidendi

Defects in verification of the plaint are curable and do not warrant striking out the plaint; preliminary objections regarding authority to institute suit and cause of action require evidence and are not suitable for summary disposal; all preliminary objections are dismissed with costs and plaintiffs are granted time to remedy verification defects.

Court Disposition

Preliminary objections dismissed with costs

Orders

  • Plaintiffs granted time to remedy defects in verification clause by 17/02/2006