christina mrimi vs coca cola kwanza bottlers ltd 2012 tzca 1 3 may 2012

The Court held that the misnaming of the respondent was a minor irregularity that did not mislead or prejudice the parties, and it was just to correct the name to reflect the true respondent.

Citation: christina mrimi vs coca cola kwanza bottlers ltd 2012 tzca 1 3 may 2012
Parties: Applicant: Christina Mrimi; Respondent: Coca Cola Kwanza Bottlers Ltd.
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 3 May 2012
Procedural Posture: Civil Application for Review / Ruling on Application for Review
Outcome: Application for review allowed
Legal Topics: Review of Judgment, Misnomer of Party, Amendment of Pleadings
Source Language: English

Civil Procedure Review of Judgment Misnomer of Party Amendment of Pleadings

Case Brief

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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 in the previous proceedings constitutes a manifest error justifying review
2 Whether the error in the respondent's name caused a miscarriage of justice

Ratio Decidendi

The Court held that the misnaming of the respondent was a minor irregularity that did not mislead or prejudice the parties, and it was just to correct the name to reflect the true respondent.

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.