batseba jalan kibete another vs director tunduma town council 2015 tzhc 2134 13 july 2015
Leave to amend the plaint is granted as the respondent has no objection and the application is in accordance with the Civil Procedure Code.
Source-derived case information.
- Citation
- batseba jalan kibete another vs director tunduma town council 2015 tzhc 2134 13 july 2015
- Parties
- Applicant: Batseba Jalan Kibete; Applicant: Alfred Francis Ngelingao (as legal representative of Mohamed Abdi Ali); Respondent: The Director Tunduma Town Council
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 13 July 2015
- Procedural Posture
- Miscellaneous Land Case Application / Application for Leave to Amend Plaint
- Outcome
- Application granted
- Legal Topics
- Amendment of Pleadings, Leave to Amend Plaint
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Batseba Jalan Kibete
Applicant
Alfred Francis Ngelingao (as legal representative of Mohamed Abdi Ali)
Applicant
The Director Tunduma Town Council
Respondent
Procedural Posture
Miscellaneous Land Case Application / Application for Leave to Amend Plaint
Legal Issues
- 1 Whether leave to amend the plaint in Land Case No. 13 of 2015 should be granted
Ratio Decidendi
Leave to amend the plaint is granted as the respondent has no objection and the application is in accordance with the Civil Procedure Code.
Court Disposition
Application granted
Orders
- Leave to amend the plaint is granted.
- Amended plaint to be filed on or before 28th July, 2015.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF TANZANIA AT MBEYA MISCELLANEOUS LAND CASE APPLICATIONS NO. 39 OF 2015 1. BATSEBA JALAN KIBETE 2. ALFRED FRANCIS NGELINGAO (as legal representative o f Mohamed Abdi Ali) APPLICANTS VERSUS THE DIRECTOR TUNDUMA TOWN C O U N C IL .......................... RESPONDENT Date: 13/07/2015 Coram: Hon. A. F. NGWALA, J. 1st Applicant - Present 2nd Applicant - Present For the Applicant - Mr. Mushokorwa For the Respondent - Mr. Massawa Town Council Solicitor. Mr. Massawa: I have read the Chamber Summons and affidavit in support of the prayers for leave to amend the plaint in Land Case No. 13 of 2015. I have no objection to the said amendment. Mr. Mushokorwa:As the counsel for the Respondent has no resistance to application. I pray for time to amend our Plaint. Order: The learned counsel, the Town Solicitor of the Respondent has no objection to the prayer. Accordingly in terms of Order VI Rule 17 and Section 97 of the Civil Procedure Code, Cap. 33 R. E. 2002, leave to amend the Plaint is granted as & f ■t prayed. Let the Amended Plaint be filed on or before 28th ■July, 2015 - f \» •• 1 i i * '"'ISM * 1§ A.F. NGWALA JUDGE 13/ 07/2015