milcah kalondu mrema vs tib development bank limited another1 2023 tzca 17982 15 december 2023
The trial court erred in dismissing the counterclaim at the preliminary stage because the appellant's locus standi depended on disputed facts that required evidence; the pleadings established a prima facie case within the exceptions to Foss v. Harbottle, and the issue could not be resolved without trial.
Source excerpt
- Locus standi
- Preliminary objection
- Shareholder rights
- Mortgage validity
- Exceptions to foss v. harbottle