japan international cooperation agency vs khaki ltd 2007 tzhccomd 31 19 march 2007

japan international cooperation agency vs khaki ltd 2007 tzhccomd 31 19 march 2007

The court held that while the law is flexible on amendments, the proposed amendments by the defendant were not necessary for determining the real questions in controversy and amounted to an omnibus overhaul of the defence. The amendments could be introduced as evidence during trial. Therefore, leave to amend the written statement of defence and to depart from the scheduling order was refused.

Citation
japan international cooperation agency vs khaki ltd 2007 tzhccomd 31 19 march 2007
Parties
Defendant/applicant: Japan International Cooperation Agency; Plaintiff/respondent: Khaki Complex Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
19 March 2007
Procedural Posture
Commercial Case / Application for Leave to Amend Written Statement of Defence and to Depart From Scheduling Order After Retrial Ordered by Court of Appeal
Outcome
Application dismissed with costs.
Legal Topics
Amendment of Pleadings, Discretion of Court, Retrial Procedure
Source Language
English
Civil Procedure Commercial Law Amendment of Pleadings Discretion of Court Retrial Procedure

Case Brief

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Parties

Japan International Cooperation Agency

Defendant/applicant

Khaki Complex Limited

Plaintiff/respondent

Procedural Posture

Commercial Case / Application for Leave to Amend Written Statement of Defence and to Depart From Scheduling Order After Retrial Ordered by Court of Appeal

Legal Issues

  1. 1 Whether the defendant should be granted leave to amend the written statement of defence after a retrial was ordered
  2. 2 Whether the court should depart from the original scheduling order

Ratio Decidendi

The court held that while the law is flexible on amendments, the proposed amendments by the defendant were not necessary for determining the real questions in controversy and amounted to an omnibus overhaul of the defence. The amendments could be introduced as evidence during trial. Therefore, leave to amend the written statement of defence and to depart from the scheduling order was refused.

Court Disposition

Application dismissed with costs.

Orders

  • Application for leave to amend the written statement of defence is dismissed.
  • Application to depart from the scheduling order is dismissed.