20010618 TZHC Dar es Salaam

20010618 TZHC Dar es Salaam

The application to amend the plaint was dismissed because it was filed to pre-empt a preliminary objection already raised by the defendants, which is not permissible according to binding authority.

Citation
20010618 TZHC Dar es Salaam
Parties
Plaintiff: Dar es Salaam Education and Office Stationery; Plaintiff: Omar Mgeni; Defendant: National Bank of Commerce; Defendant: Mohamed Hamud; Defendant: Majembe Auction Mart Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 June 2001
Procedural Posture
Civil / Ruling on Application to Amend Plaint
Outcome
Application dismissed with costs
Legal Topics
Amendment of Pleadings, Preliminary Objection
Source Language
English
Civil Procedure Amendment of Pleadings Preliminary Objection

Case Brief

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Parties

Dar es Salaam Education and Office Stationery

Plaintiff

Omar Mgeni

Plaintiff

National Bank of Commerce

Defendant

Mohamed Hamud

Defendant

Majembe Auction Mart Ltd

Defendant

Procedural Posture

Civil / Ruling on Application to Amend Plaint

Legal Issues

  1. 1 Whether the plaint should be amended to substitute NBC Holding Corporation for National Bank of Commerce

Ratio Decidendi

The application to amend the plaint was dismissed because it was filed to pre-empt a preliminary objection already raised by the defendants, which is not permissible according to binding authority.

Court Disposition

Application dismissed with costs

Orders

  • Application to amend plaint dismissed with costs
  • Preliminary objection to be argued by written submissions