charles kisora chacha mzambia 3 others vs benjamin nyagetango 8 others 2024 tzhc 143 7 february 2024

charles kisora chacha mzambia 3 others vs benjamin nyagetango 8 others 2024 tzhc 143 7 february 2024

Amendment of pleadings after a scheduling order is permissible only if it is necessary in the interests of justice. The court found the intended amendment would assist in the dispensation of justice and therefore vacated the previous scheduling order and allowed the amendment.

Source-derived case information.

Citation
charles kisora chacha mzambia 3 others vs benjamin nyagetango 8 others 2024 tzhc 143 7 february 2024
Parties
Plaintiff: Charles Kisora Chacha @ Mzambia; Plaintiff: Kirambo Gomere Chacha; Plaintiff: Timasi Mwita Gomere; Plaintiff: Gomere Ryoba Gomere; Defendant: Benjamin Nyagetango; Defendant: Peter Range; Defendant: Chacha Roso; Defendant: Mwita Mwita Nyagutwi; Defendant: Mahanga Timasi Mahanga; Defendant: Matiko Samson Nkororo; Defendant: Matiko Zakaria Nkororo; Defendant: John Mwita Muhere; Defendant: Nyanswi John Nyamhanga
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
7 February 2024
Procedural Posture
Land Case / Ruling on Application to Amend Written Statement of Defence After Scheduling Order
Outcome
Application to amend written statement of defence allowed; scheduling order vacated.
Legal Topics
Amendment of Pleadings, Scheduling Order, Interests of Justice
Source Language
english
Civil Procedure Land Law Amendment of Pleadings Scheduling Order Interests of Justice

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Parties

Charles Kisora Chacha @ Mzambia

Plaintiff

Kirambo Gomere Chacha

Plaintiff

Timasi Mwita Gomere

Plaintiff

Gomere Ryoba Gomere

Plaintiff

Benjamin Nyagetango

Defendant

Peter Range

Defendant

Chacha Roso

Defendant

Mwita Mwita Nyagutwi

Defendant

Mahanga Timasi Mahanga

Defendant

Matiko Samson Nkororo

Defendant

Matiko Zakaria Nkororo

Defendant

John Mwita Muhere

Defendant

Nyanswi John Nyamhanga

Defendant

Procedural Posture

Land Case / Ruling on Application to Amend Written Statement of Defence After Scheduling Order

Legal Issues

  1. 1 Whether amendment of the written statement of defence can be allowed after a scheduling order has been made

Ratio Decidendi

Amendment of pleadings after a scheduling order is permissible only if it is necessary in the interests of justice. The court found the intended amendment would assist in the dispensation of justice and therefore vacated the previous scheduling order and allowed the amendment.

Court Disposition

Application to amend written statement of defence allowed; scheduling order vacated.

Orders

  • Leave granted for defendants to amend written statement of defence within 30 days from the date of ruling.
  • Costs of adjournment of Tsh.200,000/= to be paid to defendants before filing the intended amendments.