NA TZHC Dar es Salaam 6
The plaintiff sued a wrong or non-existent legal person because the National Bank of Commerce ceased to exist many months before the suit was filed.
Source-derived case information.
- Citation
- NA TZHC Dar es Salaam 6
- Parties
- Plaintiff: Umoja Garage Limited; Defendant: National Bank of Commerce
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 1998
- Procedural Posture
- Civil Suit / Preliminary Objections
- Outcome
- suit dismissed
- Legal Topics
- Res Judicata, Misjoinder of Parties, Non Existent Defendant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Umoja Garage Limited
Plaintiff
National Bank of Commerce
Defendant
Procedural Posture
Civil Suit / Preliminary Objections
Legal Issues
- 1 Whether the suit is res judicata
- 2 Whether the suit was filed against a wrong or non-existent defendant
Ratio Decidendi
The plaintiff sued a wrong or non-existent legal person because the National Bank of Commerce ceased to exist many months before the suit was filed.
Court Disposition
suit dismissed
Full Case Text
Judgment text and source record
1 paragraphs
-.0 ~ . :• • ~~--~~~4- -,- . • . .t-· 'f' rn THE HIGH :COUH'? OF' 'Lli'JZANIA {DA.R E$ SJ\Lf\.AM DISIT'HICT Ili~GIS'l1RY) AT DAR E3 SALAAM Versus DZF.i.GNDANT EDLING . CJ{I_p:~T.~.~-i Jo: "i-------------~--.. . - In this suit, the -plaintiff., Umoja Gar~ge Limited; filed this suit on 9th March, 19~,-figdinst the defendant, tl-:.e Natio,1a1 ,J,tn.k of Commerce, for various reliefs .• 'l'he c~afendant raised two prelirniary objections~ The first was that the matter• was res _j~~-c£-_~, ·and the second was th;.:,_t the suit w::,s filed against v. wrong or non-existent defendant. On 19th NoveH1ber, 1998, I permitted J.em·ned counsels to file writter1 sub•nissions on the preliminary objections. They have q.one so. Having perused the ple :)dings o.nd written submissions, as well as the rekvant L,:w 7 it is :)l:.:_j_n tl12t the plaintiff has ·sued the -,vrong or non-existent lecal person ,y::c".use the N?,tional Bank of Commerce cea.s_ed to Gxist ma..'"ly months before! Lis suit was filed. i