government of libya vs meis industries co ltd others 2014 tzhc 2015 18 november 2014

government of libya vs meis industries co ltd others 2014 tzhc 2015 18 november 2014

The court held that only allegations of extrinsic fraud can sustain a suit to set aside a prior judgment; the allegations in the plaint regarding lack of service, if proved, could constitute extrinsic fraud and require evidence, thus cannot be determined at the preliminary stage. The preliminary objections are...

Source-derived case information.

Citation
government of libya vs meis industries co ltd others 2014 tzhc 2015 18 november 2014
Parties
Plaintiff: The Government of Libya; 1st Defendant: Meis Industries Co. Ltd.; 2nd Defendant: Mustafa Nyumbamkali; Necessary Party: Tanzania Investment Bank
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 November 2014
Procedural Posture
Civil Case / Ruling on Preliminary Objections
Outcome
Preliminary objections overruled except for paragraph 8 of the plaint, which is struck out. Plaintiff's name substituted as ordered. No order as to costs.
Legal Topics
Setting Aside Judgments for Fraud, Jurisdiction, Res Judicata, Functus Officio, Locus Standi, Substitution of Parties
Source Language
english
Civil Procedure Fraud International Law Setting Aside Judgments for Fraud Jurisdiction Res Judicata Functus Officio Locus Standi +1 more

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Parties

The Government of Libya

Plaintiff

Meis Industries Co. Ltd.

1st Defendant

Mustafa Nyumbamkali

2nd Defendant

Tanzania Investment Bank

Necessary Party

Procedural Posture

Civil Case / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the suit is barred by res judicata and functus officio
  2. 2 Whether the court has jurisdiction to entertain the suit
  3. 3 Whether the plaint discloses a cause of action against the 2nd defendant

Ratio Decidendi

The court held that only allegations of extrinsic fraud can sustain a suit to set aside a prior judgment; the allegations in the plaint regarding lack of service, if proved, could constitute extrinsic fraud and require evidence, thus cannot be determined at the preliminary stage. The preliminary objections are overruled except for those relating to paragraph 8 of the plaint, which are struck out as they pertain to matters reserved for higher courts. The substitution of the plaintiff's name is allowed.

Court Disposition

Preliminary objections overruled except for paragraph 8 of the plaint, which is struck out. Plaintiff's name substituted as ordered. No order as to costs.

Orders

  • Paragraph 8 of the plaint is struck off the plaint.
  • Plaintiff's name is substituted from 'The Government of Libya' to 'The State of Libya'.