ernest nduta nyororo vs national bank of commerce ltd another 2015 tzhccomd 2098 18 may 2015

ernest nduta nyororo vs national bank of commerce ltd another 2015 tzhccomd 2098 18 may 2015

Non-compliance with Rule 19(1) of the High Court (Commercial Division) Procedure Rules, 2012, regarding format of pleadings, is a mandatory defect that requires rejection of the plaint; amendment is not permissible as there is no valid pleading before the court to amend.

Citation
ernest nduta nyororo vs national bank of commerce ltd another 2015 tzhccomd 2098 18 may 2015
Parties
Plaintiff: Ernest Nduta Nyororo; First Defendant: National Bank of Commerce Ltd; Second Defendant: Alexander Forbes (T) Ltd
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
18 May 2015
Procedural Posture
Commercial Case / Ruling on Preliminary Objection
Outcome
Plaint rejected with costs for non-compliance with Rule 19(1) of the High Court (Commercial Division) Procedure Rules, 2012.
Legal Topics
Pleadings, Preliminary Objection, Compliance With Court Rules, Rejection of Pleadings, Amendment of Pleadings
Source Language
English
Civil Procedure Commercial Law Insurance Law Pleadings Preliminary Objection Compliance With Court Rules Rejection of Pleadings Amendment of Pleadings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 21 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Ernest Nduta Nyororo

Plaintiff

National Bank of Commerce Ltd

First Defendant

Alexander Forbes (T) Ltd

Second Defendant

Procedural Posture

Commercial Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the plaint discloses a cause of action against the second defendant
  2. 2 Whether the plaint is defective for referring to defendants as respondents
  3. 3 Whether non-compliance with Rule 19(1) of the High Court (Commercial Division) Procedure Rules, 2012, mandates rejection of the plaint

Ratio Decidendi

Non-compliance with Rule 19(1) of the High Court (Commercial Division) Procedure Rules, 2012, regarding format of pleadings, is a mandatory defect that requires rejection of the plaint; amendment is not permissible as there is no valid pleading before the court to amend.

Court Disposition

Plaint rejected with costs for non-compliance with Rule 19(1) of the High Court (Commercial Division) Procedure Rules, 2012.

Orders

  • The plaint is rejected for failure to comply with Rule 19(1) of the High Court (Commercial Division) Procedure Rules, 2012.
  • Plaintiff to pay costs.