Tanzania Case Law

final MALEKO HARDWARE ENTERPRISES TANZ

Court

TANZLII

The court held that while a board resolution is required for institution of a suit by a company, there is no legal requirement that such resolution must precede the issuance of the 90 days’ notice to the government. The notice is not the institution of the suit but a procedural step, and the defendants’ acknowledgment of receipt of the notice satisfied the statutory requirement. The preliminary objections did not meet the threshold of pure points of law and were devoid of merit.

Source excerpt

• Preliminary objection
• Notice to government
• Board resolution
• Jurisdiction
• Institution of suit

Read case analysis

SOKOINE F OTONDE Vs

Court

TANZLII

The 1st respondent, having been fully represented as director and having conceded to the 2nd respondent's representation in court, cannot later object to the representation as it constitutes an afterthought. The complaint lacks merit and is dismissed.

Source excerpt

• Unfair prejudice
• Company representation
• Board resolution
• Conflict of interest

Read case analysis

kishegena transport ltd vs azania bank and others 2024 tzhc 234 12 february 2024

Court

TZHC

The suit is incompetent for lack of a Board Resolution authorizing the plaintiff company to sue, which is a mandatory legal requirement. Jurisdictionally, the High Court retains unlimited jurisdiction, but the absence of board authorization renders the suit fatally defective.

Source excerpt

• Jurisdiction
• Board resolution
• Contractual dispute clause

Read case analysis

matale construction ltd v rural water supply and sanitation agency ruwasa 2 others 2023 tzhc 23439 14 december 2023

Court

TZHC

The court found that the 3rd defendant (Attorney General) resides in both Dodoma and Tanga, making Dodoma a proper venue under section 18(a) CPC. The board resolution attached by the plaintiff met statutory requirements, and the suit was properly authorised. Both preliminary objections were overruled.

Source excerpt

• Jurisdiction
• Locus standi
• Board resolution
• Corporate personality

Read case analysis

mariam hauliers co ltd vs frank alex and another 2023 tzhc 21775 29 september 2023

Court

TZHC

Institution of a suit by a company without a board resolution renders the suit incompetent.

Source excerpt

• Board resolution
• Corporate litigation
• Competence of suit

Read case analysis

finance industrial banking utilities commercial and agro processing industries trade union fibuca vs akiba commercial bank plc 2023 tzhcld 1447 22 september 2023

Court

TANZLII

The Respondent had valid economic reasons for retrenchment, evidenced by financial losses, and followed statutory procedures for consultation and notice. There is no legal requirement for Board resolution prior to retrenchment. The Award of the Commission for Mediation and Arbitration is upheld.

Source excerpt

• Retrenchment
• Procedural fairness
• Consultation requirements
• Board resolution

Read case analysis

sharaf shipping agency tltd vs barclay bank ltd another 2023 tzhccomd 57 24 february 2023

Court

TZHCCOMD

Absence of board resolution does not render the suit incompetent as it is not a mandatory statutory requirement for a company to institute a suit; the issue is an internal affair and does not affect locus standi.

Source excerpt

• Board resolution
• Locus standi
• Preliminary objection

Read case analysis

PULA GROUP LLC VS AFRICAN RAINBOW MINERALS LTD COMM CASE NO

Court

TANZLII

All preliminary objections raised by the 3rd Defendant are dismissed as they are factual and not pure points of law; board resolution is not mandatory except for internal disputes, cause of action and locus standi require evidence, and jurisdiction is not ousted by choice of law or foreign status.

Source excerpt

• Preliminary objection
• Board resolution
• Locus standi
• Cause of action
• Jurisdiction
• Privity of contract

Read case analysis

eco bank t ltd vs rz electrical tech ltd and 3 others 2021 tzhccomd 3463 19 november 2021

Court

TZHCCOMD

The High Court upheld Ecobank’s claim, finding a valid credit facility and guarantees, rejecting the defendants’ board-resolution and full-payment defences.

• Credit facility agreement
• Guarantee and indemnity
• Loan default
• Board resolution
• Enforcement of securities
• Credit-facility-agreement

Read case analysis

ncba bank tanzania limited and another vs patrick edward moshi 2021 tzhclandd 778 25 october 2021

Court

TANZLII

The preliminary objections raised by the respondent require ascertainment of facts and evidence, and therefore do not qualify as pure points of law. As such, they cannot be sustained as preliminary objections and are overruled.

Source excerpt

• Preliminary objection
• Locus standi
• Company merger
• Affidavit verification
• Board resolution

Read case analysis