Partnerships are simply collaborations between two or more people or organizations who work together towards a common goal. Any two or more persons who claim to be partners or are liable as partners and carry on business in Tanzania have the right to sue or be sued in the name of their partnership firm. This applies if they were partners at the time the cause of action arose.
In such cases, any party involved in the suit can request the court to provide a statement listing the names and addresses of all persons who were partners at the time the cause of action occurred. The court will then determine the manner in which this information should be verified and presented.
When persons sue or are sued as partners using the name of their firm, it is sufficient if any one of the partner’s signs, verifies, or certifies the pleadings or other legal documents required under this code. This simplifies the process and ensures that legal proceedings can move forward smoothly without requiring all partners to sign every document.
When partners initiate a lawsuit in the name of their firm, they or their legal representatives must respond promptly to any written request made by the defendant, if a defendant requests in writing, provide a clear statement of the names and addresses of all persons who constitute the partnership at the time the suit was filed.
If the plaintiffs or their advocate fail to comply with such a request, the court has the authority to stay all proceedings in the case. This stay will remain in effect until the plaintiffs fulfill the demand.
All proceedings will continue to be conducted in the name of the partnership firm.
If served at the business premises, it can be given to any person who has control or manages the partnership at that time, as directed by the court. However, if the partnership has been dissolved and this fact is known to the plaintiff before the suit is filed, the summons must be served on every person within Tanzania whom it is intended to hold liable.
If two or more persons sue or are sued in the name of a firm, the death of any partner—whether before or during a lawsuit does not require the legal representative of the deceased to be added as a party to the case. Nonetheless, the legal representative retains the right to join the suit or claim against the surviving partners if they choose.
When a summons is served on a firm in the manner described, the person served must be informed in writing whether they are being served as a partner or as someone responsible for managing the partnership business. If no such notice is given, the person will be deemed to have been served as a partner.
Partners sued in the name of their firm are required to appear in court individually, using their own names. However, all subsequent legal proceedings will continue to be carried out in the name of the firm.
If a person who controls or manages the partnership business is served with a summons, they are not required to appear in court unless they are also a partner of the firm being sued.
A person served with a summons as a partner may choose to appear in court under protest, denying that they are a partner. However, this does not prevent the plaintiff from serving a summons on the firm directly and obtaining a default judgment against the firm if no partner appears.
This applies to cases between a firm and its partners, or between firms that share partners. However, execution of court orders in such cases can only be done with the court’s permission. When permission is granted, the court may direct accounts, inquiries, or other procedures necessary for a fair resolution.
Anyone conducting business under a name or style different from their own can be sued using that name or style, as if it were a firm name. The rules applicable to firms will generally apply to such cases, where appropriate.
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