20160923 TZHC Arusha2
The suit is incompetent for lack of a board resolution authorizing the applicant to sue; express authority is required for corporate entities to institute legal actions.
- Citation
- 20160923 TZHC Arusha2
- Parties
- Applicant: The Registered Trustees of Community Research and Development Services (CORDS); 1st Respondent: Lilian Joseph Looloitai; 2nd Respondent: Evarest Mohamodu Majura @ Mohammoud Majura; 3rd Respondent: CORDS Limited
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 23 September 2016
- Procedural Posture
- Misc. Civil Application / Ruling on Preliminary Objections
- Outcome
- Application and suit struck out with costs.
- Legal Topics
- Board Resolution Requirement, Trustees Incorporation Act, Jurisdiction, Preliminary Objections
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Registered Trustees of Community Research and Development Services (CORDS)
Applicant
Lilian Joseph Looloitai
1st Respondent
Evarest Mohamodu Majura @ Mohammoud Majura
2nd Respondent
CORDS Limited
3rd Respondent
Procedural Posture
Misc. Civil Application / Ruling on Preliminary Objections
Legal Issues
- 1 Whether a board resolution is required for a corporate entity to institute a suit
- 2 Whether the application contravenes the Trustees Incorporation Act
- 3 Jurisdiction of the court regarding reliefs against the 3rd defendant
Ratio Decidendi
The suit is incompetent for lack of a board resolution authorizing the applicant to sue; express authority is required for corporate entities to institute legal actions.
Court Disposition
Application and suit struck out with costs.
Orders
- Application struck out.
- Suit struck out.
Full Case Text
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