CORDURAAAAA

CORDURAAAAA

The plaintiff's preliminary objections on time bar were overruled because the Written Statement of Defence was filed electronically within the time extended by the court, and the objections required evidence, contrary to the principle that preliminary objections must be pure points of law. The defendants' preliminary objections to the counterclaim defence were also overruled, as defects in signature and verification are curable under the overriding objective principle and do not warrant striking out the defence.

Citation
CORDURAAAAA
Parties
Plaintiff: Cordura Limited; 1st Defendant: Mikumi Wilderness Camp Limited; 2nd Defendant: Tanganyika Hotel Tourist Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 1989
Procedural Posture
Commercial Case / Ruling on Preliminary Objections
Outcome
Plaintiff's and defendants' preliminary objections overruled.
Legal Topics
Preliminary Objection, Written Statement of Defence, Electronic Filing, Overriding Objective, Pleadings Signature and Verification
Source Language
English
Civil Procedure Commercial Law Preliminary Objection Written Statement of Defence Electronic Filing Overriding Objective Pleadings Signature and Verification

Case Brief

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Parties

Cordura Limited

Plaintiff

Mikumi Wilderness Camp Limited

1st Defendant

Tanganyika Hotel Tourist Limited

2nd Defendant

Procedural Posture

Commercial Case / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the defendants' Written Statement of Defence was filed out of time under the applicable rules and court orders
  2. 2 Whether the Written Statement of Defence in the counterclaim was invalid for lack of advocate's signature and verification by defendant's officer

Ratio Decidendi

The plaintiff's preliminary objections on time bar were overruled because the Written Statement of Defence was filed electronically within the time extended by the court, and the objections required evidence, contrary to the principle that preliminary objections must be pure points of law. The defendants' preliminary objections to the counterclaim defence were also overruled, as defects in signature and verification are curable under the overriding objective principle and do not warrant striking out the defence.

Court Disposition

Plaintiff's and defendants' preliminary objections overruled.

Orders

  • Defendants in the counterclaim to sign their Written Statement of Defence within 7 days.
  • Matter to proceed from where it ended prior to preliminary objections.