19981120 TZHC Dar es Salaam

IN THE HIGH COURT OF TANZANIJ\ DAR ES SALAA~1l Dis~rRICT REGISTRY AT DAR 23 SALAAM CIVIL CASE N0 0 306 OF 1995 HARISHANKER S. JOSHI ••••••••••.•• ·•• •. AFPLICANT

VERSUS ( 1) BHAGAWANJI SACHDEV I ( 2) THE SHREE SANAI'AN ~ ••••••••• REsPONDENT DHARIMA SHABR4 I

I

RULING MACKANJ A,· J: In this application the plaintiff has moved the court to grant him leave to amend his pleading. ·rf his prayers are granted the in~ended the names of the current second defendant -~vill be dropped and a set of new ones will be intr0duced. In addition, the plaint itself will undergo an ~xtensive amendmento The application is supported by the affidavit of Harishanker Savji Joshi, the plaintiff/applicant. The defendant opposes the application and has offerred evidence in the form of the affidavit of Priyavadan Madhavji Majithia, learned counsel for the second defendant. Although the opposition appr:ars to be fairly spirited, the evidence for the d~fenoe states categorically that the second defE.t1dant,, who is to be replaced., has.• no objection to the removal _of its _name from the suit. What remains of the oppo:sition, therefore, boils down purely to acaclmic consideratipns. Learned. counsel have argued about the merits and derneri ts of the application.· No one has come out with· evidence that that if allowed the amend:nent will cause •· ...... /2 2 an injury or injustice to the opposing ·party that will not be adequately compensated by costs. Mr:: .. Maji thia submits that the amend!I'e.nt, if made, will take away from the respondents legal rights which have accrued to them. Well., the second respondent cannot • complain because it no longer ,vill be a

party if the 1 amendment is allo·wed.. As to the first respondEint issues relating to the form and content; of the amendments may seem pre-mature unless causes of action are introduced and the respondent was denied his right to file an amended written defence. 'I'he respondent will not ' be denied an opportunity to traverse the am~nded pleading. Over all I am satisfied that there are,s~fficient grounds upon which the application should succeed. Objections have been raised concerning the form of the affidavit supporting the application. After having heard learned caunsel and after having examined the said af:t;idavit, I can find nothing that contravenes Order XlX _rule 3 of the Civil Procedure Code. In tbe result the application is all-owed and the prayers granted. Costs to follow the suit. Sgd~ Delivered J.M. MACK.ANJA

JUGGE 20./11/98 Mr. Rweyemamu, Advocate for the Applicant/Plaintiff Mr. Majithia, Advocate - For Respondent/Defendant I hereby certify this to be tru;:: copy of the Original o .....