19980313 TZHC Dar es Salaam

19980313 TZHC Dar es Salaam

The plaintiff failed to supply further and better particulars as ordered, and the defendant is entitled to amend its written statement of defence. Amendments should be allowed if they do not cause injustice to the other party, which can be compensated by costs.

Citation
19980313 TZHC Dar es Salaam
Parties
Plaintiff/respondent: Hussein Omary Mjasa; Defendant/applicant: National Bank of Commerce
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
13 March 1998
Procedural Posture
Civil Case / Ruling on Interlocutory Application
Outcome
Application allowed
Legal Topics
Amendment of Pleadings, Supply of Particulars
Source Language
English
Civil Procedure Amendment of Pleadings Supply of Particulars

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Parties

Hussein Omary Mjasa

Plaintiff/respondent

National Bank of Commerce

Defendant/applicant

Procedural Posture

Civil Case / Ruling on Interlocutory Application

Legal Issues

  1. 1 Whether the plaintiff must supply further and better particulars as demanded by the defendant
  2. 2 Whether leave to amend the written statement of defence should be granted

Ratio Decidendi

The plaintiff failed to supply further and better particulars as ordered, and the defendant is entitled to amend its written statement of defence. Amendments should be allowed if they do not cause injustice to the other party, which can be compensated by costs.

Court Disposition

Application allowed

Orders

  • Plaintiff to supply defendant with further and better particulars within thirty days from the date of the ruling
  • Defendant granted leave to amend written statement of defence