Angoo Limited vs Manek Trading Co. Tanzania Standard Newspapers (Civil Case No. 301 of 1989) [1998] TZHC 2157 (28 August 1998)

IN THE IDGH COURT OF TANZANIA AT DAR ES SALAAM CIVIL CASE NO. 301 OF 1989 ANGOO LIMITED ---PLAINTIFF VERSUS MANEK TRADING CO. "' ~ TANZANIA STANDARD NEWS P APERSi---DEFENDANT RULING KALEGEYA, J. Mr. Majithia, Advocate, who represents the 1st defendant, has raised a preliminary objection that the plaintiff company having been struck off the . Companies Register, Mr. Msilikali, Advocate, who purportedly represents it has no locus standi as the said Company is no longer in existence. The plaintiff Company, Angoo Ltd, had sued the Defendants, Manek Trading Company and Tanzania Standard Newspaper, for Shs.25,000,000/= in damages for defamation. The suit was filed in 1989, and for various reasons it did not come to finality (in fact, hearing has never commenced!) until 17th, May, 1993, when the plaintiff Company by General Notice No. 622 published in Government Gazzette dated 20th August, 1993, was struck off the Companies Register. Mr. Majithia urges that that was the end of the matter. Mr. Msilikali who didn't put up much fight, conceded to the striking off of the plaintiff from the Companies Register, adding however that since 1994, vide, Misc. Civil Cause No. 84/94, they have petitioned to have it restored. Mr. Majithia prays for the dismissal of the suit as there is no plaintiff On the facts available I am on all fours with Mr. Majithia that in a case of this nature, a claim for damages in defamation can not survive the 'death' of the plaintiff company. There is no right to sue that survives as there is no company in existence. The mere allegations that there are attempts to have the plaintiff company restored to register cannot resurrect what is no longer in existence, and as there can be no suit by

2 a non-existing party (either by representation or otherwise) the only remedy is to have it dismissed as I hereby do. L.B. KALEGEYA JUDGE Delivered on )_ef r:J 9 cf'