AKM GLITTERS CO

AKM GLITTERS CO

Noncompliance with the mandatory formatting requirements of Rule 19(1) of the High Court (Commercial Division) Procedure Rules, 2012, is fatal to the plaint and cannot be cured by amendment after a preliminary objection is raised; the suit must be struck out.

Citation
AKM GLITTERS CO
Parties
Plaintiff: AKM Glitters Co. Limited; Defendant: Rural Livelihood Development Programme
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2015
Procedural Posture
Commercial Case / Ruling on Preliminary Objection
Outcome
Suit struck out with costs
Legal Topics
Preliminary Objection, Legal Personality, Pleading Format, Amendment of Pleadings
Source Language
English
Civil Procedure Commercial Law Preliminary Objection Legal Personality Pleading Format Amendment of Pleadings

Case Brief

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Parties

AKM Glitters Co. Limited

Plaintiff

Rural Livelihood Development Programme

Defendant

Procedural Posture

Commercial Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the defendant has legal personality to be sued
  2. 2 Whether the plaint complies with mandatory formatting requirements under Rule 19(1) of the High Court (Commercial Division) Procedure Rules, 2012

Ratio Decidendi

Noncompliance with the mandatory formatting requirements of Rule 19(1) of the High Court (Commercial Division) Procedure Rules, 2012, is fatal to the plaint and cannot be cured by amendment after a preliminary objection is raised; the suit must be struck out.

Court Disposition

Suit struck out with costs

Orders

  • The suit is struck out with costs.