athumani said janguo v diamond trust banktanzania limited 4 others 2023 tzhclandd 16574 25 may 2023

athumani said janguo v diamond trust banktanzania limited 4 others 2023 tzhclandd 16574 25 may 2023

The plaintiff amended the plaint beyond the scope of the court's order, including adding a new party and new claims, which contravened Order VI Rule 17 of the Civil Procedure Code. The amendment was not limited to correcting addresses as prayed and allowed. The amended plaint and the suit are struck out as untenable.

Source-derived case information.

Citation
athumani said janguo v diamond trust banktanzania limited 4 others 2023 tzhclandd 16574 25 may 2023
Parties
Plaintiff: Athuman Said; 1st Defendant: Diamond Trust Bank Tanzania Limited; 2nd Defendant: WIA Group Limited; 3rd Defendant: WIA Company Limited; 4th Defendant: Abdulrahman Kinana; 5th Defendant: Erick Mwenda
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
25 May 2023
Procedural Posture
Land Case / Ruling on Preliminary Objection
Outcome
Suit struck out
Legal Topics
Amendment of Pleadings, Court Orders, Preliminary Objection
Source Language
english
Civil Procedure Land Law Amendment of Pleadings Court Orders Preliminary Objection

Source-derived case record

Summary, issues, holding and outcome

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Parties

Athuman Said

Plaintiff

Diamond Trust Bank Tanzania Limited

1st Defendant

WIA Group Limited

2nd Defendant

WIA Company Limited

3rd Defendant

Abdulrahman Kinana

4th Defendant

Erick Mwenda

5th Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the plaintiff amended the plaint beyond what was prayed and allowed by the court
  2. 2 Whether the amended plaint should be struck out

Ratio Decidendi

The plaintiff amended the plaint beyond the scope of the court's order, including adding a new party and new claims, which contravened Order VI Rule 17 of the Civil Procedure Code. The amendment was not limited to correcting addresses as prayed and allowed. The amended plaint and the suit are struck out as untenable.

Court Disposition

Suit struck out

Orders

  • Amended plaint struck out
  • Suit marked struck out for being untenable