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Tanzania decisions
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Applicant, as shareholder, lacks locus standi to institute proceedings or seek interim orders regarding assets of Reef Gold Limited; only the company itself can enforce rights over its mining licences. Application for Mareva injunction and interim orders is incompetent and not maintainable.
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The court found that the applicant's evidence of concealment or transfer of company property by directors was uncontested, and that both 1st and 2nd respondents are directors of the 3rd respondent. In light of untraceable assets and admitted directorship, the court held it justifiable to lift the corporate veil and hold the directors personally liable for satisfaction of the labour award.
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Plaintiffs lack locus standi as SIMDA Mining, a CBO with legal personality, is not a party to the suit. The 5th defendant was not party to the contract, so no cause of action exists against her. The preliminary objections are sustained and the suit is struck out with costs.
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The 2nd Respondent is using the corporate structure to defeat execution of a lawful award; justice requires lifting the corporate veil to hold the 2nd Respondent personally liable for the judgment debt.
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The corporate veil is lifted due to fraudulent and dishonest conduct by directors to defeat execution of the award; directors are personally liable for the decretal sum and subject to civil imprisonment.
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The Court of Appeal upheld a tax decision against Aggreko International Projects Limited, rejecting claims for head office costs, capital allowance calculations, and related penalties.
The Court of Appeal struck out a review application, holding that the applicants were trying to re-open an appeal rather than meet the narrow grounds for review.
Plaintiff is entitled to refund of the loan advanced under a void contract, but not to interest, damages, or lifting of the corporate veil, as the contract was void ab initio and parties must be restored to their original positions.
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The court found that both respondents willfully failed to comply with the settlement agreement, and since the only attachable property provides essential services, the corporate veil must be lifted to enforce payment against the director personally.
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The proper party to be sued for actions taken on behalf of a political party is its registered board of trustees, not individual leaders; failure to join the necessary party renders the petition incompetent and liable to be struck out.
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