SIMBA MOTORS (T) LIMITED VS. TANZANIA AUTOMOBILE MANUFACTURING CO. LTD AND ANOTHER.CIVIL APPEAL NO. 264 OF 2018

Abstract

HELD 1.In the light of the above, we join hands with the learned counsel for the parties that since at the time of institution of the suit TAMCO had already been declared a specified public corporation, then the appellant ought to have sought and obtained leave first before instituting the suit. Likewise, TAMCO had no locus to raise the counter claim against the appellant without involving its receiver, that is, PSRC (now the Treasury Registrar). 2.As no leave of the court was sought and obtained before Civil Case No. 441 of 2001 was instituted, the High Court had no jurisdiction to entertain the suit the High Court proceedings nullified and the resulting judgement are quashed .