ecobank tanzania ltd vs aa trans ltd others 2019 tzhccomd 7 21 january 2019

ecobank tanzania ltd vs aa trans ltd others 2019 tzhccomd 7 21 january 2019

Failure to comply with Rule 19(1) regarding the maximum number of pages in pleadings is a fatal defect and cannot be cured by the principle of overriding objective or by arguments regarding administrative oversight. The plaint must be struck out for exceeding the prescribed page limit.

Citation
ecobank tanzania ltd vs aa trans ltd others 2019 tzhccomd 7 21 january 2019
Parties
Plaintiff: ECOBANK (TZ) LTD; 1st Defendant: A.A TRANS LIMITED; 2nd Defendant: DOUBLE A CO.LTD; 3rd Defendant: ASGHER BASIR VERSI; 4th Defendant: AKBER BASHIR VERSI
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
21 January 2019
Procedural Posture
Commercial Case / Ruling on Preliminary Objection
Outcome
Suit struck out with costs
Legal Topics
Pleadings, Court Procedure, Preliminary Objection, Overriding Objective
Source Language
English
Civil Procedure Pleadings Court Procedure Preliminary Objection Overriding Objective

Case Brief

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Parties

ECOBANK (TZ) LTD

Plaintiff

A.A TRANS LIMITED

1st Defendant

DOUBLE A CO.LTD

2nd Defendant

ASGHER BASIR VERSI

3rd Defendant

AKBER BASHIR VERSI

4th Defendant

Procedural Posture

Commercial Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the plaint is fatally defective for exceeding the maximum page limit under Rule 19(1) of the High Court (Commercial Division) Procedure Rules, 2012

Ratio Decidendi

Failure to comply with Rule 19(1) regarding the maximum number of pages in pleadings is a fatal defect and cannot be cured by the principle of overriding objective or by arguments regarding administrative oversight. The plaint must be struck out for exceeding the prescribed page limit.

Court Disposition

Suit struck out with costs

Orders

  • Suit struck out
  • Plaintiff to pay costs