20131204 TZHC Dar es Salaam 1
The amendment sought by the plaintiff to incorporate specific damages is not an abuse of process as it does not change the cause of action or introduce a new matter.
- Citation
- 20131204 TZHC Dar es Salaam 1
- Parties
- Plaintiff: George Williamson Tanzania Ltd; 1st Respondent: African Banking Corporation Ltd; 2nd Respondent: Mohamed Enterprises (T) Ltd; 3rd Respondent: Barclays Bank (T) Ltd; 4th Respondent: Sadock Dotto Magai
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 4 December 2013
- Procedural Posture
- Civil / Interlocutory Application for Amendment of Plaint
- Outcome
- Application for amendment of plaint allowed
- Legal Topics
- Amendment of Pleadings, Abuse of Process, Specific Damages
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
George Williamson Tanzania Ltd
Plaintiff
African Banking Corporation Ltd
1st Respondent
Mohamed Enterprises (T) Ltd
2nd Respondent
Barclays Bank (T) Ltd
3rd Respondent
Sadock Dotto Magai
4th Respondent
Procedural Posture
Civil / Interlocutory Application for Amendment of Plaint
Legal Issues
- 1 Whether the plaintiff's prayer to further amend the plaint to incorporate specific damages constitutes an abuse of the process of court
Ratio Decidendi
The amendment sought by the plaintiff to incorporate specific damages is not an abuse of process as it does not change the cause of action or introduce a new matter.
Court Disposition
Application for amendment of plaint allowed
Orders
- Plaintiff is allowed to further amend the plaint to incorporate specific damages
- Amended plaint to be filed within fourteen days from the date of ruling
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment