thadeus l makoi vs national insurance corporation of tanzania ltd another 2009 tzhc 96 3 june 2009

IN THE HIGH COURT OF TANZANIA

AT DAR ES SALAAM -\i >>j.. v ^ ^ v : • _ • j MISC. CIVIL APPLICATION NO. 2 OF 2007 THADEUS L.MAKOI..... ............ ............................. APPLICANT

VERSUS

NATIONAL INSURANCE CORPORATION ; OF TANZANIA LTD AND ANOTHER...................... i i . ;

RESPONDENT . Date o f Last Order 08/ 06/2009 * t ^ ( Date o f Ruling 03/ 06/2006 3Ax.

RULING MWARIJA.J. J’FUCATldlS V 1 !J. • This is an application fo'r l'eiave to institute a suit against the * " <*•?0 f "i+ respondents; the National Insurance Corporation of Tanzania Ltd, a } specified public corporation and^He Parastatal Sector Reform ' \TJiO 1 Commission. The application jhas been brought under S. 9 (1) of ( .. A l . w i X * • . w\.w the Bankruptcy [Act Cap. 25 RE.2002], S.43 of the Public i t v. JUR'r ( Corporations Act, [Cap. 257 RE.2002] and S.95 of the Civil Procedure Code [Cap. 33 RE.20 l In his affidavit, the applicant, inaaeus L.Makoi who was ■s 25 . represented m this application by Mr. El.Maamiy, learned counsel deponed to the effect that he has ;a cljsiim against the 1st.respondent arising out of an accident which involved the applicant's motor I.G.. .•» vehicle insured of by the said JsVresp^ndent. Since his claim could ; J Co not be settled, he intents to fileva ^ ii^ in the court of law. The 1st respondent was , represented by Mr Victor, learned counsel while the 2nd re s p ^ ^ fjjt'w a s represented by Ms. Shiyo, learned counsel. Both learned counsel did not have any objection to the application. Having considered the appli-c^t^n especially the supporting : ’, iC affidavit sworn by the appllc^gt-^^jgjs there has been no objection by the respondent, I hereby grant leave to the applicant to institute his intended legal proceedi$g§ iffc g p j^ QCosts of this application is awarded to the applicant ~ , A.,G?M^^xija

JUDGE 3/612009 :iD'v 2 03/06/09 Coram: Hon A.G.Mwarija,J i rv For the Applicant - Mr El.Maamry For the 1st Respondent For the 2nd Respondent Ms. Shiyo CC: Yasintha Ruling delivered A .(iJ*M W arija . £ .'r'i. \VvvV,

JUDGE 4 3/6/2009 ■v t* f'