19981120 TZHC Dar es Salaam

19981120 TZHC Dar es Salaam

There are sufficient grounds to allow the amendment as no evidence was presented that it would cause irreparable injury or injustice to the opposing party, and objections to the form of the supporting affidavit are unfounded.

Citation
19981120 TZHC Dar es Salaam
Parties
Applicant: Harishanker S. Joshi; Respondent: Bhagawanji Sachdev; Respondent: The Shree Sanatan Dharima Shabra
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 November 1998
Procedural Posture
Civil / Application for Leave to Amend Pleadings
Outcome
application allowed
Legal Topics
Amendment of Pleadings, Removal and Substitution of Parties
Source Language
English
Civil Procedure Amendment of Pleadings Removal and Substitution of Parties

Case Brief

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Parties

Harishanker S. Joshi

Applicant

Bhagawanji Sachdev

Respondent

The Shree Sanatan Dharima Shabra

Respondent

Procedural Posture

Civil / Application for Leave to Amend Pleadings

Legal Issues

  1. 1 Whether leave should be granted to amend pleadings
  2. 2 Whether removal and substitution of parties is permissible
  3. 3 Whether amendment causes injustice or injury to opposing party

Ratio Decidendi

There are sufficient grounds to allow the amendment as no evidence was presented that it would cause irreparable injury or injustice to the opposing party, and objections to the form of the supporting affidavit are unfounded.

Court Disposition

application allowed

Orders

  • leave granted to amend pleadings
  • costs to follow the suit