20140318 TZHC Dar es Salaam

The application to depart from the last scheduling order is granted as the previous speed track expired without further hearing, necessitating a new speed track. The application to amend the amended plaint is allowed as it is bona fide, does not change the nature of the suit, and is intended to enable the court to determine the real questions in controversy. Any negligence in obtaining documents does not bar the amendment.

Citation: 20140318 TZHC Dar es Salaam
Parties: Applicant: Charles Wero Ngo; 1st Respondent: The Attorney-General; 2nd Respondent: The Kinondoni Municipality
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 18 March 2014
Procedural Posture: Misc. Civil Application / Ruling on Application to Depart From Scheduling Order and Amend Amended Plaint
Outcome: Application granted
Legal Topics: Amendment of Pleadings, Scheduling Orders, Case Management
Source Language: English

Civil Procedure Amendment of Pleadings Scheduling Orders Case Management

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Parties

Charles Wero Ngo

Applicant

The Attorney-General

1st Respondent

The Kinondoni Municipality

2nd Respondent

Procedural Posture

Misc. Civil Application / Ruling on Application to Depart From Scheduling Order and Amend Amended Plaint

Legal Issues

1 Whether the applicant should be allowed to depart from the last scheduling order
2 Whether the applicant should be allowed to amend the amended plaint

Ratio Decidendi

Court Disposition

Application granted

Orders

Departure from last scheduling order granted; case fixed at speed track 2 from date of ruling.
Applicant allowed to amend amended plaint within fourteen days from date of ruling.