Asher Automobiles Limited and Another vs National Commerve Bank of Tanzania and Another (Civil Case No. 160 of 1995) [2000] TZHC 158 (23 June 2000)

IN THE HIGH COURT OF TANZANIA DAR ES SALAAM DSITRICT REGISTRY AT DAR ES SALAAAM ASHER AUTOMOBILES Lil';.ITED ••••••• PLAINTIFF N0.1 CLIFTONCRAFT LIMITED OB' U.K. through Asher Automobiles Ltd •••• PLAINTIFF N0.2 I "'1i.,.SUS 1 .. NATIONAi, "RP·•· 1-<' COMMERCE I . • BANK OF' rANZANi"1 3. SETTI MOTTO t/a MAJEMBE AUCTION MARD • • DEFENDANTS RULING V ---- - BUBESHI, J: 0 In course of hearing this suit, the defendant has raised two preliminary cbjections on point of law, namely that the plaint discloses no cause of action and that the ("laim is time barred. I have had time to consider the submissions filed by the defence. According to the defendant, the plaintiffs were supposed to plead any agreement, Law or custom prevalent in Tanzania under'which the 1st Defendant was l.iable to pay interest on funds deposited.. They add that by the plaintiffs failure do so then the suit is rendered in competent frivohons and vexations. Further they submit that the 1st De Defendant was only liable to pay interest on the unaid balances in event the 1st plaintiff failure to pay such interest. He adds that since the 1st Defendant was merely acting-as a guarantor of 1st plaintiff cannot be held liable when the 1st plaintiff failed to pay such interest~ I must confess I have some difficulty in comprehanding this line of argumento I think I have to agree with Mr. Muccadam for the 1st plaintiff in that in order to determine whether or not a plaint discloses a cause of action such·a defineticn of what is a cause of action one need only look at the plaint and not the written J'

3 3 The preliminary objections thus filed are dismissed and the claim is ordered to proceed on merits. Delivered before Mchome for Defendants and in absence of the Plaintiff who was duly served_-~ A.G. BUBESHI JUDGE 23/6/2000 Mchome: Madam Judge we ask for a mention date. Order: Mention l~/7/2000 and Plai1;iff to be/nctified. -..;1 . 1/ / ! ! • 1,,( ' •' -. •'• j ,,... \ , •• ..Ii ... ,, ,f:· ·;" 1_ .. :,.1,,-J.l<'·--I-, • ✓.. _ , l~- -J'. A. G. BUBESHI . . JUDGE __ .,.. 23/6/2000 .,,