well worth hotels and lodges ltd vs east africa canvas comp ltdand 4 others 2021 tzhccomd 3393 2 november 2021

well worth hotels and lodges ltd vs east africa canvas comp ltdand 4 others 2021 tzhccomd 3393 2 november 2021

Since Defendants filed preliminary objections and pleadings, and made multiple appearances, costs must follow the event; suit is struck out with costs to Defendants.

Citation
well worth hotels and lodges ltd vs east africa canvas comp ltdand 4 others 2021 tzhccomd 3393 2 november 2021
Parties
Plaintiff: Wellworth Hotels and Lodges Ltd; 1st Defendant: East Africa Canvans Company Ltd; 2nd Defendant: Stirling Arving Horsely; 3rd Defendant: Robert James Flowers; 5th Defendant: 5th Defendant
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
2 November 2021
Procedural Posture
Commercial Case / Ruling on Preliminary Objections and Withdrawal/striking Out of Suit
Outcome
Suit struck out with costs to Defendants; counterclaims to proceed.
Legal Topics
Preliminary Objection, Withdrawal of Suit, Costs, Striking Out, Counterclaim
Source Language
English
Civil Procedure Contract Law Preliminary Objection Withdrawal of Suit Costs Striking Out Counterclaim

Case Brief

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Parties

Wellworth Hotels and Lodges Ltd

Plaintiff

East Africa Canvans Company Ltd

1st Defendant

Stirling Arving Horsely

2nd Defendant

Robert James Flowers

3rd Defendant

5th Defendant

5th Defendant

Procedural Posture

Commercial Case / Ruling on Preliminary Objections and Withdrawal/striking Out of Suit

Legal Issues

  1. 1 Whether the suit discloses a cause of action against all Defendants
  2. 2 Whether the suit is defective for contravening Order VI Rule 15(3) of the Civil Procedure Code
  3. 3 Whether costs should be awarded upon striking out the suit

Ratio Decidendi

Since Defendants filed preliminary objections and pleadings, and made multiple appearances, costs must follow the event; suit is struck out with costs to Defendants.

Court Disposition

Suit struck out with costs to Defendants; counterclaims to proceed.

Orders

  • Commercial Case No.107 of 2020 is struck out.
  • Striking out is with costs to Defendants.