afrisian ginning limited vs mabruki samli rajabu 2015 tzhccomd 2094 10 september 2015

The plaint was not in compliance with mandatory formatting requirements under Rule 19(1); amendment cannot be allowed once a preliminary objection is raised; suit must be struck out.

Citation: afrisian ginning limited vs mabruki samli rajabu 2015 tzhccomd 2094 10 september 2015
Parties: Plaintiff: Afrisian Ginning Limited; Defendant: Mabruki Samli Rajabu
Court: TZHCCOMD
Jurisdiction: Tanzania
Judgment Date: 10 September 2015
Procedural Posture: Commercial Case / Ruling on Preliminary Objection
Outcome: suit struck out with costs
Legal Topics: Pleadings Formatting, Preliminary Objection, Amendment of Pleadings
Source Language: English

Civil Procedure Pleadings Formatting Preliminary Objection Amendment of Pleadings

Case Brief

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Parties

Afrisian Ginning Limited

Plaintiff

Mabruki Samli Rajabu

Defendant

Procedural Posture

Commercial Case / Ruling on Preliminary Objection

Legal Issues

1 Whether the plaint's formatting contravenes Rule 19(1) of the High Court (Commercial Division) Procedure Rules, 2012
2 Whether amendment of the plaint is permissible after a preliminary objection is raised

Ratio Decidendi

The plaint was not in compliance with mandatory formatting requirements under Rule 19(1); amendment cannot be allowed once a preliminary objection is raised; suit must be struck out.

Court Disposition

suit struck out with costs

Orders

Suit struck out with costs