pan african energy t limited vs zanzibar marine and diving limited 2 others 2022 tzhccomd 191 22 july 2022

pan african energy t limited vs zanzibar marine and diving limited 2 others 2022 tzhccomd 191 22 july 2022

The affidavit demonstrates that the subject matter and cause of action between the applicant and the third parties is the same as between the plaintiff and the applicant, satisfying the conditions for joining third parties under the law.

Citation
pan african energy t limited vs zanzibar marine and diving limited 2 others 2022 tzhccomd 191 22 july 2022
Parties
Applicant/defendant: Pan African Energy (T) Limited; 1st Respondent/third Party: Zanzibar Marine and Diving Limited; 2nd Respondent/third Party: Aje Marine Company Limited; 3rd Respondent/third Party: Tanzania Ports Authority; Plaintiff (in Main Suit): Raphael Logistics (T) Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
22 July 2022
Procedural Posture
Miscellaneous Commercial Application / Ruling on Ex Parte Application for Leave to Issue Third Party Notice
Outcome
Application granted
Legal Topics
Third Party Procedure, Indemnity, Contribution, Joinder of Parties
Source Language
English
Civil Procedure Commercial Law Third Party Procedure Indemnity Contribution Joinder of Parties

Case Brief

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Parties

Pan African Energy (T) Limited

Applicant/defendant

Zanzibar Marine and Diving Limited

1st Respondent/third Party

Aje Marine Company Limited

2nd Respondent/third Party

Tanzania Ports Authority

3rd Respondent/third Party

Raphael Logistics (T) Limited

Plaintiff (in Main Suit)

Procedural Posture

Miscellaneous Commercial Application / Ruling on Ex Parte Application for Leave to Issue Third Party Notice

Legal Issues

  1. 1 Whether conditions for joining the three respondents as third parties are met under Order 1 Rule 14 of the Civil Procedure Code

Ratio Decidendi

The affidavit demonstrates that the subject matter and cause of action between the applicant and the third parties is the same as between the plaintiff and the applicant, satisfying the conditions for joining third parties under the law.

Court Disposition

Application granted

Orders

  • Leave granted to the applicant/defendant to present a third-party notice to the 1st, 2nd, and 3rd respondents within seven days
  • No order as to costs