THE BOARD OF TRUSTEES OF SHREE HINDU

IN THE HIGH court of THE UNITED REPUBLIC OF TANZANIA ARUSHA SUB REGISTRY AT ARUSHA MISC. CIVIL APPLICATION NO 13665 OF 2024 (Arising from Civil Case No 47 of 2023) THE BOARD OF TRUSTEES OF SHREE HINDU UNION CHARITABLE HOSPITAL.............................................................. 1" APPLICANT SAM YA N. YUSUPH....................................................................... 2*° APPLICANT VERSUS BERNARD MATALA............................................................................ RESPONDENT RULING 06/06 2024 & 09'06*2024 mwenda, J-; The applicants hereinabove have brought this application under the provisions of Order I Rule 14 (1) (b), Rule 14 (2) (a), (b), (c), (d), Rule 14 (3) and Rule 14 (4) of the Civil Procedure Code (CAP. 33 R.E. 2019]. They are seeking to be granted leave to present to the court a third party notice in Civil Case No. 47 of 2023. This application is further supported by the sworn affidavit of Mr. Noel Sanga, the learned counsel for the applicants.In the said affidavit it is stated that the respondent's claim arises from the suit filed against the applicants claiming for compensation to a tune of Tshs. 350,000,000/= Page 1 of 3 as damages for deafness caused by the expired eardrop medicine which were negligently administered by the doctor from the 1st applicant's hospital on 27/02/2023. It is further deponed in the said affidavit that the applicants are intending to join the Insurance Company as necessary third party in the Civil Case No. 47 of 2023 between the same parties. This application was heard ex-parte during which , the applicants were represented by Ms. Fadhila Mollel, learned counsel, who was holding brief for Mr Noel Sanga, learned counsel, with instructions to proceed. Submitting in support of the application, the learned counsel for the applicants adopted the contents of the affidavit supporting the application to form party of her submissions. Further to that, she submitted that this application aims at joining MAYFAIR INSURANCE COMPANY LIMITED as the necessary pary for there is a contract between the first applicant and the said insurer to cover scenarious pertaining to professional negligence.In support to her argument the learned counsel made referrance to ANNEXTURE AD-3 to the affidavit . Besides, in suppoprt thereof ,she cited the case Coca - Cola Kwanza Limited vs. Paulina Kokkan & Another (Misc. Civil Application 368 of 2023) [2023] TZHC 20016 (10 August 2023) (Tanzlii) . She then concluded her submission craving this application to be granted. Page 2 of 3 Having considered this application and given the nature of the main suit which is filed against the applicants by the respondent in Civil Case No. 47 of 2023, this court is of the view that the applicants' application for a Third-Party Notice to join MAYFAIR INSURANCE COMPANY LIMITED (as a necessary party), the third party that insured the first Applicant against proffessional negligence is justifisble. For the interest of attaining justice to the parties, the applicants' application is hereby granted. The applicants are given 14 days to file a third party notice. Ordered accordingly. 09/08/2024