Tanzania Case Law

CIVIL APPLICATION NO 198 17 0F 2023 NATIONAL INVESTMENT COMPANY LIMITED VS THE PUBLIC SERVICE SOCIAL SECURITY FUND AND 3 OTHERS

Court

TANZLII

Where there is an unresolved internal conflict within a company, a Board resolution is required to authorize the institution of legal proceedings. Without such a resolution, neither the deponent nor the advocates have locus standi to initiate the application on behalf of the company.

Source excerpt

• Locus standi
• Board resolution requirement
• Corporate representation
• Internal company disputes
• Extension of time

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Misc

Court

TANZLII

The affidavit in support of the application was fatally defective because it was sworn by a person whose authority and position in the applicant company was not disclosed, contravening Order XXVIII Rule 1 of the Civil Procedure Code. As a result, the application was incompetent and struck out.

Source excerpt

• Temporary injunctions
• Corporate representation
• Affidavit competency

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kyomuhendo and another v attorney general of the republic of uganda application 16 of 2020 2021 eacj 10 25 november 2021

Court

EACJ

The absence of a resolution under seal authorizing the 1st Applicant to represent the 2nd Applicant was fatal to locus standi, and the joint affidavit was incurably defective, leaving the application unsupported by evidence and thus incompetent.

Source excerpt

• Locus standi
• Interim injunctions
• Corporate representation
• Affidavit requirements

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quality center limited vs willips limited 2020 tzhclandd 3954 30 november 2020

Court

TANZLII

The High Court’s Land Division refused a request to withdraw a suit with leave to refile and without costs, and instead marked the case withdrawn with costs to the defendant.

• Withdrawal of suit
• Costs
• Leave to refile
• Corporate representation
• Withdrawal-of-suit
• Leave-to-refile

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endasak village council vs daniel bura 2018 tzhc 2252 13 november 2018

Court

TZHC

The High Court allowed an appeal by Endasak Village Council, holding that summons had not been duly served and the ex parte judgment should be set aside.

• Ex parte judgment
• Service of summons
• Local government law
• Corporate representation
• Ex-parte-judgment
• Service-of-summons

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TAG vs Arfred Maganga

Court

TANZLII

Application at trial tribunal was incompetent due to lack of proof of authorisation by Board Resolution; proceedings and orders are nullity and must be quashed.

Source excerpt

• Capacity to sue
• Execution of decree
• Corporate representation
• Nullity of proceedings

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19900802 TZCA Arusha

Court

TZCA

The Court of Appeal held that a corporate resolution under Rule 28(3) was not required for an application for leave to appeal made in the High Court.

• Locus standi
• Corporate representation
• Leave to appeal
• Court procedure
• Locus-standi
• Corporate-representation

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