village amani limited another vs whet company limited 2 others 2023 tzhclandd 17164 24 november 2023

village amani limited another vs whet company limited 2 others 2023 tzhclandd 17164 24 november 2023

A stranger cannot be joined as a plaintiff in a counter claim. The inclusion of the Second Plaintiff was not shown to be a bona fide mistake. The counter claim is incompetent and unmaintainable for impleading a stranger as plaintiff.

Citation
village amani limited another vs whet company limited 2 others 2023 tzhclandd 17164 24 november 2023
Parties
Plaintiff to Counter Claim: Village Amani Limited; Plaintiff to Counter Claim: Rupinder Singh Sandhu; Defendant to Counter Claim: Whet Company Limited; Defendant to Counter Claim: Bilha Nechesa Hering; Defendant to Counter Claim: Erasmus Mathias Tarimo
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
24 November 2023
Procedural Posture
Land Case / Ruling on Application to Amend Counter Claim
Outcome
Counter claim struck out
Legal Topics
Counter Claim, Joinder and Misjoinder of Parties, Amendment of Pleadings
Source Language
English
Civil Procedure Land Law Counter Claim Joinder and Misjoinder of Parties Amendment of Pleadings

Case Brief

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Parties

Village Amani Limited

Plaintiff to Counter Claim

Rupinder Singh Sandhu

Plaintiff to Counter Claim

Whet Company Limited

Defendant to Counter Claim

Bilha Nechesa Hering

Defendant to Counter Claim

Erasmus Mathias Tarimo

Defendant to Counter Claim

Procedural Posture

Land Case / Ruling on Application to Amend Counter Claim

Legal Issues

  1. 1 Whether a stranger can be joined as plaintiff in a counter claim
  2. 2 Whether the counter claim can be amended to remove a misjoined plaintiff

Ratio Decidendi

A stranger cannot be joined as a plaintiff in a counter claim. The inclusion of the Second Plaintiff was not shown to be a bona fide mistake. The counter claim is incompetent and unmaintainable for impleading a stranger as plaintiff.

Court Disposition

Counter claim struck out

Orders

  • Counter claim is struck out
  • No order as to costs