steven kibwana vs banc abc ltd 2018 tzhclandd 47 21 march 2018

Naming the defendant as Banc ABC Ltd instead of African Banking Corporation Tanzania Limited is a fundamental defect that renders the suit incompetent and cannot be cured by amendment.

Citation: steven kibwana vs banc abc ltd 2018 tzhclandd 47 21 march 2018
Parties: Plaintiff: Stephen Kibwana; Defendant: Banc ABC Ltd
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 21 March 2018
Procedural Posture: Land Case / Ruling on Preliminary Objection
Outcome: Suit struck out with costs
Legal Topics: Misjoinder of Parties, Proper Naming of Parties, Preliminary Objection
Source Language: English

Civil Procedure Land Law Misjoinder of Parties Proper Naming of Parties Preliminary Objection

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Parties

Stephen Kibwana

Plaintiff

Banc ABC Ltd

Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection

Legal Issues

1 Whether the suit is competent where the defendant is incorrectly named

Ratio Decidendi

Naming the defendant as Banc ABC Ltd instead of African Banking Corporation Tanzania Limited is a fundamental defect that renders the suit incompetent and cannot be cured by amendment.

Court Disposition

Suit struck out with costs

Orders

Suit struck out for being incompetent
Plaintiff to pay costs