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Tanzania decisions
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The suit is incompetent for want of a board resolution authorizing its institution as required by section 147 of the Companies Act and established case law; the court has no power to waive this statutory requirement, and the plaintiff failed to exhaust remedies under section 137 of the Companies Act.
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The High Court struck out Al Adawi Company Limited’s application for temporary injunction, holding injunctions cannot issue against government and the company lacked board resolution.
The High Court struck out a review application, holding it was an appeal in disguise because the board-resolution issue had already been decided.
The petition is incompetent for failure to attach or implead a Board Resolution authorizing the commencement of proceedings by the Petitioner company, which is a mandatory requirement under company law.
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Failure to plead and annex a board resolution in the plaint does not render the suit incompetent where the resolution is annexed in the reply to the written statement of defence, and the suit involves two plaintiffs, one of whom is a natural person not requiring a board resolution. The preliminary objection cannot dispose of the entire suit and is therefore overruled.
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The application is incompetent because the Applicant, a company registered under Cap 212, did not attach a board resolution authorizing institution of the suit nor made a statement that the board or members sanctioned the proceedings, rendering the application void.
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The requirement for leave to appeal to the Court of Appeal has been abolished by the amendment to section 5 of the Appellate Jurisdiction Act, effective 1st December 2023. Therefore, the application for leave is overtaken by events and must be struck out.
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The High Court struck out a company’s plaint after finding it lacked a pleaded or annexed board resolution authorizing the suit.
The High Court’s Land Division upheld a preliminary objection on non-joinder of necessary parties, ordering Bagamoyo District Council and the Registrar of Titles joined.
Application was brought for opinion/guidance, not revision; High Court lacks mandate to intervene at this stage except to direct trial court to finalize proceedings expeditiously and follow correct legal procedures if grievance arises.
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