george williamson tanzania ltd vs african banking corporation ltd others 2013 tzhc 2234 4 december 2013

george williamson tanzania ltd vs african banking corporation ltd others 2013 tzhc 2234 4 december 2013

The amendment sought by the plaintiff to incorporate specific damages is not an abuse of the process of the court as it does not change the cause of action or introduce a new matter.

Citation
george williamson tanzania ltd vs african banking corporation ltd others 2013 tzhc 2234 4 december 2013
Parties
Plaintiff: George Williamson Tanzania Ltd; 1st Respondent: African Banking Corporation Ltd; 2nd Respondent: Mohamed Enterprises (T) Ltd; 3rd Respondent: Barclays Bank (T) Ltd; 4th Respondent: Sadock Dotto Magai
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 December 2013
Procedural Posture
Civil Case / Ruling on Application to Further Amend Plaint
Outcome
Application to further amend plaint allowed
Legal Topics
Amendment of Pleadings, Abuse of Process, Specific Damages
Source Language
English
Civil Procedure Amendment of Pleadings Abuse of Process Specific Damages

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Parties

George Williamson Tanzania Ltd

Plaintiff

African Banking Corporation Ltd

1st Respondent

Mohamed Enterprises (T) Ltd

2nd Respondent

Barclays Bank (T) Ltd

3rd Respondent

Sadock Dotto Magai

4th Respondent

Procedural Posture

Civil Case / Ruling on Application to Further Amend Plaint

Legal Issues

  1. 1 Whether the plaintiff's application to further amend the plaint to incorporate specific damages constitutes an abuse of the process of the court

Ratio Decidendi

The amendment sought by the plaintiff to incorporate specific damages is not an abuse of the process of the court as it does not change the cause of action or introduce a new matter.

Court Disposition

Application to further amend plaint allowed

Orders

  • Plaintiff to file amended plaint within fourteen days from the date of ruling
  • Case fixed for mention on 19.12.2013