Zebedayo Mkodya versus Best Microfinance Solutions Ltd and 4 others

Zebedayo Mkodya versus Best Microfinance Solutions Ltd and 4 others; Commercial Case No 95 of 2016: High Court of Tanzania (Commercial Division) at Dar es Salaam (Unreported).

• Civil Procedure

• Plaint – Cause of action – what amounts to cause of action?
• Plaint – Cause of action – Plaintiff’s claim made against the Defendant’s company and its directors based on breach of contract -whether there is a cause of action against the directors.

Held:-

(i) A cause of action is defined as facts which give a person a right to judicial redress, or relief against another as found on the plaint and its annexure. In order to determine whether there is a cause of action or not the court has to look and cast its eyes in the plaint and its annexure.

(ii) Where there are allegations of breach of contract against the Defendant’s Company and its directors jointly and severally, the plaint discloses cause of action against them.