dodsal hydrocarbons power t ltd 2 others vs hasmukh bhagwanji masrani 2011 tzhccomd 2097 23 december 2011

dodsal hydrocarbons power t ltd 2 others vs hasmukh bhagwanji masrani 2011 tzhccomd 2097 23 december 2011

Leave to amend the plaint and reply to written statement of defence is granted to cure defects in the verification clause and scanned signatures, as such amendments are procedural, not substantive, and necessary for the ends of justice. The omission to specifically pray for amendment of the reply is not fatal as it does not alter the nature of the controversy.

Citation
dodsal hydrocarbons power t ltd 2 others vs hasmukh bhagwanji masrani 2011 tzhccomd 2097 23 december 2011
Parties
Plaintiff/applicant: DODSAL HYDROCARBONS & POWER (TANZANIA) LIMITED; Plaintiff/applicant: DODSAL RESOURCES & MINING ITILIMA BUSILI (TANZANIA) PVT; Plaintiff/applicant: DODSAL RESOURCES & MINING ITINGI (TANZANIA) PVT LIMITED; Defendant/respondent: HASMUKH BHAGWANJI MASRANI
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
23 December 2011
Procedural Posture
Commercial Case / Ruling on Application for Leave to Amend Pleadings
Outcome
Leave to amend granted
Legal Topics
Amendment of Pleadings, Verification Clause, Scanned Signatures, Court's Discretionary Powers
Source Language
English
Civil Procedure Amendment of Pleadings Verification Clause Scanned Signatures Court's Discretionary Powers

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Parties

DODSAL HYDROCARBONS & POWER (TANZANIA) LIMITED

Plaintiff/applicant

DODSAL RESOURCES & MINING ITILIMA BUSILI (TANZANIA) PVT

Plaintiff/applicant

DODSAL RESOURCES & MINING ITINGI (TANZANIA) PVT LIMITED

Plaintiff/applicant

HASMUKH BHAGWANJI MASRANI

Defendant/respondent

Procedural Posture

Commercial Case / Ruling on Application for Leave to Amend Pleadings

Legal Issues

  1. 1 Whether leave should be granted to amend the plaint and reply to written statement of defence to cure defects in verification clause and scanned signatures
  2. 2 Whether amendment after preliminary objection is permissible in the circumstances

Ratio Decidendi

Leave to amend the plaint and reply to written statement of defence is granted to cure defects in the verification clause and scanned signatures, as such amendments are procedural, not substantive, and necessary for the ends of justice. The omission to specifically pray for amendment of the reply is not fatal as it does not alter the nature of the controversy.

Court Disposition

Leave to amend granted

Orders

  • Applicants granted leave to amend the plaint and reply to written statement of defence to cure defects in verification clause and scanned signatures.
  • Costs of the application shall be costs in the cause.