charles werongo vs attorney general another 2014 tzhc 2318 18 march 2014

charles werongo vs attorney general another 2014 tzhc 2318 18 march 2014

The application for departure from the last scheduling order is granted as a new speed track must be fixed due to lapse of time. The application to amend the amended plaint is also granted as it is bona fide, not intended to change the nature of the suit or prejudice the respondents, and is necessary to determine the real questions in controversy.

Citation
charles werongo vs attorney general another 2014 tzhc 2318 18 march 2014
Parties
Applicant: Charles Werongo; 1st Respondent: The Attorney-General; 2nd Respondent: The Kinondoni Municipality
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 March 2014
Procedural Posture
Miscellaneous 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 Werongo

Applicant

The Attorney-General

1st Respondent

The Kinondoni Municipality

2nd Respondent

Procedural Posture

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

Legal Issues

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

Ratio Decidendi

The application for departure from the last scheduling order is granted as a new speed track must be fixed due to lapse of time. The application to amend the amended plaint is also granted as it is bona fide, not intended to change the nature of the suit or prejudice the respondents, and is necessary to determine the real questions in controversy.

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