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Tanzania decisions
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The Court of Appeal held that leave was required before suing a specified public corporation, so the High Court lacked jurisdiction over the suit and counterclaim.
The High Court struck out a commercial suit against a specified public corporation because the plaintiff had not first obtained leave to sue.
The High Court granted leave to sue National Insurance Corporation (T) Ltd over a motor vehicle injury claim, with costs in the cause.
The High Court granted leave to sue a public corporation after the respondent raised no objection, ordering costs in the cause.
The High Court granted leave to sue the respondents, including a public corporation, after finding the applicant had a claim and no objection was raised.
The High Court struck out a civil suit after upholding preliminary objections on leave to sue a public corporation, non-joinder of a necessary party, and locus standi.
The High Court erred by deciding disputed matters of mixed law and fact without taking evidence, rendering the proceedings and judgment a nullity due to a fundamental procedural error.
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The High Court granted leave to file proceedings against the Presidential Parastatal Sector Reform Commission, holding the cited statutes did not bar the application.
The preliminary objection fails because the Government Notice declaring the defendant a specified public corporation did not specify an effective date, so the Commission's powers as receiver and the requirement for leave to sue did not arise.
Source excerpt
A company declared a specified public corporation cannot institute legal proceedings on its own; such power vests in the PSRC or must be exercised jointly. The application was incompetent as the applicant lacked locus standi.
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