zebedayo mkodya vs best microfinance solutions limited others 2017 tzhccomd 5 16 february 2017

zebedayo mkodya vs best microfinance solutions limited others 2017 tzhccomd 5 16 february 2017

The plaint alleges breach of contract and failure to honor payment terms against all defendants, including the 3rd and 4th, thus disclosing a cause of action. In special circumstances, directors may be sued with the company. The joinder of the 3rd and 4th defendants is proper as the allegations arise from the same transaction.

Citation
zebedayo mkodya vs best microfinance solutions limited others 2017 tzhccomd 5 16 february 2017
Parties
Plaintiff: Zebedayo Mkodya; 1st Defendant: Best Microfinance Solutions Limited; 2nd Defendant: Geofrey William Malamia; 3rd Defendant: Aloyce Kissenga Mchili; 4th Defendant: Veronica Aloyce Kissenga; 5th Defendant: Redim na Ginwas Hamay
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
16 February 2017
Procedural Posture
Commercial Case / Ruling on Preliminary Objections
Outcome
Preliminary objections dismissed
Legal Topics
Cause of Action, Corporate Personality, Joinder of Parties, Breach of Contract
Source Language
English
Civil Procedure Company Law Contract Law Cause of Action Corporate Personality Joinder of Parties Breach of Contract

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Zebedayo Mkodya

Plaintiff

Best Microfinance Solutions Limited

1st Defendant

Geofrey William Malamia

2nd Defendant

Aloyce Kissenga Mchili

3rd Defendant

Veronica Aloyce Kissenga

4th Defendant

Redim na Ginwas Hamay

5th Defendant

Procedural Posture

Commercial Case / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the plaint discloses a cause of action against the 3rd and 4th defendants
  2. 2 Whether joining the 3rd and 4th defendants breaches the principle of company law
  3. 3 Whether there is misjoinder of parties

Ratio Decidendi

The plaint alleges breach of contract and failure to honor payment terms against all defendants, including the 3rd and 4th, thus disclosing a cause of action. In special circumstances, directors may be sued with the company. The joinder of the 3rd and 4th defendants is proper as the allegations arise from the same transaction.

Court Disposition

Preliminary objections dismissed

Orders

  • All three preliminary objections are dismissed for lack of merit.
  • Costs to follow the event.