sukuma mines ltd another vs pacific mines ltd others 1997 tzhc 200 23 december 1997

sukuma mines ltd another vs pacific mines ltd others 1997 tzhc 200 23 december 1997

The court found that the 1st and 3rd defendants reside outside Tanzania and have no known agent in Tanzania, satisfying the requirements of Order V Rule 29. Service by courier is permissible as the rule should be interpreted broadly to include modern communication methods.

Source-derived case information.

Citation
sukuma mines ltd another vs pacific mines ltd others 1997 tzhc 200 23 december 1997
Parties
Plaintiff: Sukuma Mines Ltd; Plaintiff: Lake Victoria Gold Mines Ltd; Defendant: Pacific Mines Ltd; Defendant: East Africa Mines Ltd; Defendant: East Africa Gold Corp
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 December 1997
Procedural Posture
Civil / Ex Parte Application for Leave to Serve Summons Out of Jurisdiction
Outcome
Application granted
Legal Topics
Service of Summons, Jurisdiction, Foreign Defendants
Source Language
english
Civil Procedure Service of Summons Jurisdiction Foreign Defendants

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Summary, issues, holding and outcome

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Parties

Sukuma Mines Ltd

Plaintiff

Lake Victoria Gold Mines Ltd

Plaintiff

Pacific Mines Ltd

Defendant

East Africa Mines Ltd

Defendant

East Africa Gold Corp

Defendant

Procedural Posture

Civil / Ex Parte Application for Leave to Serve Summons Out of Jurisdiction

Legal Issues

  1. 1 Whether leave should be granted to serve summons out of jurisdiction on foreign defendants
  2. 2 Whether service by courier is permissible under Order V Rule 29 of the Civil Procedure Code

Ratio Decidendi

The court found that the 1st and 3rd defendants reside outside Tanzania and have no known agent in Tanzania, satisfying the requirements of Order V Rule 29. Service by courier is permissible as the rule should be interpreted broadly to include modern communication methods.

Court Disposition

Application granted

Orders

  • Leave granted to serve summons out of jurisdiction on the 1st and 3rd defendants by courier
  • Notice to the respondents for service out of jurisdiction dispensed with