angel timoth kingu another vs bruno john ngooh others 2018 tzhclandd 118 3 may 2018

angel timoth kingu another vs bruno john ngooh others 2018 tzhclandd 118 3 may 2018

The proposed amendment to introduce a counterclaim is refused because it would change the character of the suit by introducing distinct causes of action and was sought after an unconscionable and substantial delay of two years.

Citation
angel timoth kingu another vs bruno john ngooh others 2018 tzhclandd 118 3 may 2018
Parties
1st Plaintiff: Angel Timoth Kingu; 2nd Plaintiff: Mzaking International Transport Ltd; 1st Defendant: Bruno John Ngooh; 2nd Defendant: Bank of Africa Ltd; 3rd Defendant: Mabunda Auctioners Ltd; 4th Defendant: Sower Logistic Co. Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
3 May 2018
Procedural Posture
Land Case / Ruling on Application for Amendment of Written Statement of Defence to Introduce Counterclaim
Outcome
Application for amendment refused
Legal Topics
Amendment of Pleadings, Counterclaim, Delay in Application, Joinder of Actions
Source Language
English
Civil Procedure Land Law Amendment of Pleadings Counterclaim Delay in Application Joinder of Actions

Case Brief

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Parties

Angel Timoth Kingu

1st Plaintiff

Mzaking International Transport Ltd

2nd Plaintiff

Bruno John Ngooh

1st Defendant

Bank of Africa Ltd

2nd Defendant

Mabunda Auctioners Ltd

3rd Defendant

Sower Logistic Co. Ltd

4th Defendant

Procedural Posture

Land Case / Ruling on Application for Amendment of Written Statement of Defence to Introduce Counterclaim

Legal Issues

  1. 1 Whether amendment to accommodate counterclaim in Written Statement of Defence is necessary for determining real questions in controversy
  2. 2 Whether applicant is guilty of unconscionable and substantial delay in seeking amendment

Ratio Decidendi

The proposed amendment to introduce a counterclaim is refused because it would change the character of the suit by introducing distinct causes of action and was sought after an unconscionable and substantial delay of two years.

Court Disposition

Application for amendment refused

Orders

  • Prayer for amendment is refused
  • Matter fixed for continuation of 1st PTC