final first ruling Tanzllii

The amendment of the Written Statement of Defence to add a counterclaim is granted because it serves the interests of justice by enabling the court to determine all matters in controversy in a single suit, avoids multiplicity of proceedings, and does not cause injustice to the plaintiffs.

Citation: final first ruling Tanzllii
Parties: 1st Plaintiff: Elia Richard Moshi (as legal Personal Representative of the late Richard Eliakimu Moshi); 2nd Plaintiff: Atanasia Kichinda Kundi; 1st Defendant: Elizabeth Richard Moshi; 2nd Defendant: Elizabeth Maro Minde
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 23 August 2024
Procedural Posture: Land Case / Ruling on Oral Application to Amend Written Statement of Defence to Add Counterclaim
Outcome: Application granted
Legal Topics: Amendment of Pleadings, Counterclaim, Written Statement of Defence
Source Language: English

Civil Procedure Land Law Amendment of Pleadings Counterclaim Written Statement of Defence

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Parties

Elia Richard Moshi (as legal Personal Representative of the late Richard Eliakimu Moshi)

1st Plaintiff

Atanasia Kichinda Kundi

2nd Plaintiff

Elizabeth Richard Moshi

1st Defendant

Elizabeth Maro Minde

2nd Defendant

Procedural Posture

Land Case / Ruling on Oral Application to Amend Written Statement of Defence to Add Counterclaim

Legal Issues

1 Whether the first defendant should be allowed to amend the Written Statement of Defence to incorporate a counterclaim

Ratio Decidendi

Court Disposition

Application granted

Orders

First defendant is granted leave to amend the Written Statement of Defence to add a counterclaim within 14 days.
Plaintiffs to reply within 21 days after filing of amended WSD and counterclaim.