supreme services limited vs electrogas lab s limited 3 others 2023 tzhc 19858 19 june 2023

supreme services limited vs electrogas lab s limited 3 others 2023 tzhc 19858 19 june 2023

The plaintiff failed to demonstrate locus standi as it is not the owner of the suit property and has not shown any right or injury suffered to entitle it to sue. The plaint does not disclose a cause of action or the amount claimed, rendering the suit incompetent.

Citation
supreme services limited vs electrogas lab s limited 3 others 2023 tzhc 19858 19 june 2023
Parties
Plaintiff: Supreme Services Limited; 1st Defendant: Electrogas & Labs Limited; 2nd Defendant: Haydom Lutheran Hospital; 3rd Defendant: John Benedict Mamku; 4th Defendant: Evans Mugyabuso
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 June 2023
Procedural Posture
Civil Case / Ruling on Preliminary Objections
Outcome
Suit struck out for want of locus standi with costs to the 1st, 2nd, and 3rd defendants.
Legal Topics
Locus Standi, Cause of Action, Jurisdiction, Breach of Contract, Preliminary Objection
Source Language
English
Civil Procedure Locus Standi Cause of Action Jurisdiction Breach of Contract Preliminary Objection

Case Brief

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Parties

Supreme Services Limited

Plaintiff

Electrogas & Labs Limited

1st Defendant

Haydom Lutheran Hospital

2nd Defendant

John Benedict Mamku

3rd Defendant

Evans Mugyabuso

4th Defendant

Procedural Posture

Civil Case / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the plaintiff has locus standi to sue the 2nd and 3rd defendants
  2. 2 Whether the plaint discloses a cause of action
  3. 3 Whether the plaint is fatally defective for failure to disclose the amount claimed for pecuniary jurisdiction

Ratio Decidendi

The plaintiff failed to demonstrate locus standi as it is not the owner of the suit property and has not shown any right or injury suffered to entitle it to sue. The plaint does not disclose a cause of action or the amount claimed, rendering the suit incompetent.

Court Disposition

Suit struck out for want of locus standi with costs to the 1st, 2nd, and 3rd defendants.

Orders

  • The suit is struck out for want of locus standi.
  • Costs awarded to the 1st, 2nd, and 3rd defendants.