20120423 TZCA Dar es Salaam

The Court held that the misnaming of the respondent was not a fatal irregularity and that justice required amending the name to reflect the correct party, allowing the review and amendment of the proceedings accordingly.

Source-derived case information.

Citation: 20120423 TZCA Dar es Salaam
Parties: Applicant: Christina Mrimi; Respondent: Coca Cola Kwanza Bottlers Ltd.
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 23 April 2012
Procedural Posture: Civil Application for Review / Ruling on Application for Review
Outcome: application for review allowed
Legal Topics: Review of Judgment, Misnomer, Amendment of Party Name
Source Language: english

Civil Procedure Review of Judgment Misnomer Amendment of Party Name

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Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 3 Party arguments 2

Parties

Christina Mrimi

Applicant

Coca Cola Kwanza Bottlers Ltd.

Respondent

Procedural Posture

Civil Application for Review / Ruling on Application for Review

Legal Issues

1 Whether the misnaming of the respondent as 'Coca Cola Kwanza Bottlers Ltd.' instead of 'Coca Cola Kwanza Ltd.' constitutes a fatal error justifying review and amendment of the court's decision.

Ratio Decidendi

Court Disposition

application for review allowed

Orders

The name of the respondent in Civil Appeal No. 112 of 2008 is amended from 'Coca Cola Kwanza Bottlers Ltd.' to 'Coca Cola Kwanza Ltd.'
The review is allowed.

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