continental printing packaging corporation limited 3 others v diamond trust bank dtb 2023 tzhc 22824 10 november 2023

IN THE HIGH COURT OF THE UNITED REPUBLI OF TANZANIA IN THE SUB-REGISTRY OF MWANZA AT MWANZA CIVIL CASE NO. 14 OF 2023 CONTINENTAL PRINTYING & PACKAGING CORPORATION LIMITED........................................................... 1st PLAINTIFF SAHARA MEDIA GROUP LIMITED............................................. 2nd PLAINTIFF ANTHONY MWANDU DIALLO.................................................... 3rd PLAINTIFF SAMWEL NYALLA NGHUNI........................................................ 4th PLAINTIFF VERSUS DIAMOND TRUST BANK (DTB)....................................................... DEFENDANT RULING 3/10 & 10/11/2023 ROBERT, J:- The matter before the Court involves a dispute between the Plaintiffs, Continental Printing & Packaging Corporation Limited, Sahara Media Group Limited, Anthony Mwandu Diallo, and Samwel Nyalla Nghuni, and the Defendant, Diamond Trust Bank (DTB). The Plaintiffs assert breaches of credit facility agreements concluded in 2013, among other claims. The first pre-trial settlement and scheduling conference resulted in a scheduling order i setting the course for future events and steps in the case, including the use of alternative dispute resolution procedures. Upon convening for the final pre-trial settlement and scheduling conference, Counsel for the Plaintiffs, Mr. Boniphace Sariro, sought amendments under Order VI Rule 17 of the Civil Procedure Code in six areas. These included claims of breach of banker's duty, non-performance of a facility, overcharging of interest and penalties, removal of a prayer for mutual reconciliation, breach of collateral agreements, and a declaration that collaterals for the second facility did not take effect. In response, Mr. Fautine Malongo, Counsel for DTB, raised objections primarily anchored in the contention that the Plaintiffs failed to seek permission to depart from the scheduling order, as required by Order VIII Rule 23 of the Civil Procedure Code. Mr. Malongo further argued that the proposed amendments introduced new causes of action, lacked specificity, and could potentially prejudice DTB's defense The Court begins its analysis by recognizing the procedural context of the application. Order VI Rule 17 of the Civil Procedure Code grants the Court discretion to allow amendments, but Order VIII Rule 23 places limitations, 2 especially when a scheduling order is in place. The Court observes that the Plaintiffs did not explicitly seek permission to depart from the scheduling order, raising concerns about procedural regularity. The Court acknowledges Mr. Sariro's reliance on Order VI Rule 17 as the general guiding rule for amendments. However, the specific context of a scheduling order cannot be disregarded. The Court agrees with Mr. Malongo that the absence of a departure from the scheduling order is a crucial procedural oversight. Regarding the proposed amendments, the Court scrutinizes each point raised by Mr. Sariro. While some amendments may clarify existing information, the Court concurs with Mr. Malongo that others introduce entirely new causes of action, potentially altering the nature of the dispute. The Court emphasizes the need for clarity and specificity in amendments to avoid confusion and prejudice. It notes that the proposed amendments in points 1 and 6 introduces new causes of action and lacks the necessary details, hindering a clear understanding of their implications. In conclusion, the Court finds merit in Mr. Malongo's objections. The failure to seek permission to depart from the scheduling order and the 3 potential introduction of new causes of action without adequate justification raise significant concerns about procedural regularity and fairness. The Court emphasizes the importance of adherence to procedural rules to maintain the efficiency and fairness of the case management process. The application for amendments is dismissed. The Plaintiffs are directed to proceed with the case based on the existing pleadings and the scheduling order. It is so ordered. 10/11/2023 4