vip engineering marketing ltd vs sgs societe generale de surveillance sa another 2022 tzhccomd 29 28 february 2022

vip engineering marketing ltd vs sgs societe generale de surveillance sa another 2022 tzhccomd 29 28 february 2022

The court found sufficient grounds to lift the corporate veil based on the applicant's affidavit showing concealment of assets by directors and officers, and ordered enforcement of the decree against them.

Citation
vip engineering marketing ltd vs sgs societe generale de surveillance sa another 2022 tzhccomd 29 28 february 2022
Parties
Applicant: VIP Engineering and Marketing Ltd; 1st Judgment Debtor: SGS Societe Generale de Surveillance S.A.; 2nd Judgment Debtor: SGS Tanzania Superintendence Company Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
28 February 2022
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application for Lifting Corporate Veil and Enforcement of Decree
Outcome
Application partly succeeds
Legal Topics
Lifting Corporate Veil, Enforcement of Decree, Execution Proceedings
Source Language
English
Commercial Law Civil Procedure Lifting Corporate Veil Enforcement of Decree Execution Proceedings

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Parties

VIP Engineering and Marketing Ltd

Applicant

SGS Societe Generale de Surveillance S.A.

1st Judgment Debtor

SGS Tanzania Superintendence Company Limited

2nd Judgment Debtor

Procedural Posture

Miscellaneous Commercial Application / Ruling on Application for Lifting Corporate Veil and Enforcement of Decree

Legal Issues

  1. 1 Whether the corporate veil of the judgment debtors should be lifted to enforce the decree against their directors and officers
  2. 2 Whether the decree can be enforced against individuals associated with the judgment debtors

Ratio Decidendi

The court found sufficient grounds to lift the corporate veil based on the applicant's affidavit showing concealment of assets by directors and officers, and ordered enforcement of the decree against them.

Court Disposition

Application partly succeeds

Orders

  • Order lifting the corporate veil of SGS Societe Generale de Surveillance S.A. and SGS Tanzania Superintendence Company Limited
  • Order for enforcement and execution of decree against named directors, managers, and principal officers