This suo motu revision proceeding was initiated by the Court following a letter of complaint to the Chief Justice. Mr. Girish T. Chande who appears as the second defendant to a suit, Civil Case No. 5 of 1998 in the High Court at Dodoma, wrote a letter to the Chief Justice claiming illegality and procedural irregularity in Civil Case No. 5 of 1998 above. Three matters stood out in the letter. First, that the plaintiffs should not have lodged their suit against both the limited liability Company (Capital Breweries Ltd) and himself as a Director. Second, since a Receiver Manager had been appointed and acknowledged by the plaintiffs when they joined him in their amended plaint, the plaintiffs cannot in law still sue the company under receivership (i.e. the first defendant) and its Directors over any debts owed by the company under receivership. Third, that while the record of the High Court indicated that Mr. Chande could not be found for purpose of personal service of court processes, the Plaintiffs and the court broker were able to locate him for the purpose of the execution of the arrest warrant.

