abbas kassam essack vs attorney general of tanzania others 2009 tzhc 231 30 september 2009

abbas kassam essack vs attorney general of tanzania others 2009 tzhc 231 30 september 2009

The court found that the defendants did not admit the plaintiff's pleaded facts in their Written Statements of Defence, making the suit contentious and unsuitable for judgment on admissions under Order 15 Rule 1 CPC. The court also held that a notice to produce is not part of pleadings and that objections to jurisdiction may be raised at any stage, but must be formally moved.

Citation
abbas kassam essack vs attorney general of tanzania others 2009 tzhc 231 30 september 2009
Parties
Plaintiff: Abbas Kassam Essack; 1st Defendant: The Hon. Attorney General of Tanzania; 2nd Defendant: Commissioner for Lands; 3rd Defendant: Minister for Lands and Human Settlements Development; 4th Defendant: HIMAT Transport Tours & Safaris Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 September 2009
Procedural Posture
Civil Case / Interlocutory Application for Judgment on Admissions Under Order 15 Rule 1 CPC
Outcome
Application for judgment on admissions refused; case to proceed to hearing on evidence.
Legal Topics
Judgment on Admissions, Jurisdiction, Pleadings, Notice to Produce
Source Language
English
Civil Procedure Judgment on Admissions Jurisdiction Pleadings Notice to Produce

Case Brief

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Parties

Abbas Kassam Essack

Plaintiff

The Hon. Attorney General of Tanzania

1st Defendant

Commissioner for Lands

2nd Defendant

Minister for Lands and Human Settlements Development

3rd Defendant

HIMAT Transport Tours & Safaris Limited

4th Defendant

Procedural Posture

Civil Case / Interlocutory Application for Judgment on Admissions Under Order 15 Rule 1 CPC

Legal Issues

  1. 1 Whether the court should enter judgment on admissions under Order 15 Rule 1 of the Civil Procedure Code
  2. 2 Whether a formal application is required under Order 43 Rule 2 CPC to invoke Order 15 Rule 1
  3. 3 Whether a notice to produce constitutes part of pleadings

Ratio Decidendi

The court found that the defendants did not admit the plaintiff's pleaded facts in their Written Statements of Defence, making the suit contentious and unsuitable for judgment on admissions under Order 15 Rule 1 CPC. The court also held that a notice to produce is not part of pleadings and that objections to jurisdiction may be raised at any stage, but must be formally moved.

Court Disposition

Application for judgment on admissions refused; case to proceed to hearing on evidence.

Orders

  • Plaintiff's request for judgment on admissions under Order 15 Rule 1 CPC is refused.
  • Case to be determined on evidence to be adduced by the parties.