hon minister for lands housing and human settlements development vs tanzania plantations limited 2018 tzhc 2586 16 october 2018
The application for amendment of pleadings is not maintainable under the cited provisions, but departure from the scheduling order is permissible.
Source-derived case information.
- Citation
- hon minister for lands housing and human settlements development vs tanzania plantations limited 2018 tzhc 2586 16 october 2018
- Parties
- Applicant: Hon. Minister for Lands, Housing and Human Settlements Development; Respondent: Tanzania Plantations Limited
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 16 October 2018
- Procedural Posture
- Misc. Land Case Application / Ruling on Preliminary Objection and Prayers for Orders
- Outcome
- Preliminary objection sustained in respect of amendment of pleadings; departure from scheduling order granted.
- Legal Topics
- Amendment of Pleadings, Departure From Scheduling Order, Preliminary Objection
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Hon. Minister for Lands, Housing and Human Settlements Development
Applicant
Tanzania Plantations Limited
Respondent
Procedural Posture
Misc. Land Case Application / Ruling on Preliminary Objection and Prayers for Orders
Legal Issues
- 1 Whether the application for amendment of pleadings is maintainable under Order VIIIA rule 4 and section 95 of the CPC
- 2 Whether departure from the scheduling order is permissible
Ratio Decidendi
The application for amendment of pleadings is not maintainable under the cited provisions, but departure from the scheduling order is permissible.
Court Disposition
Preliminary objection sustained in respect of amendment of pleadings; departure from scheduling order granted.
Orders
- Scheduling order made on the first PTC is departed from.
- Applicant permitted to file an application for amendment of pleadings.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (ARUSHA DISTRICT REGISTRY) AT ARUSHA MISC. LAND CASE APPLICATION NO. 41 OF 2018 HON. MINISTER FOR LANDS, HOUSING AND HUMAN SETTLEMENTS DEVELOPMENT....................................... APPELLANT VERUS TANZANIA PLANTATIONS LIM ITED........................... RESPONDENT RULING In this matter, the applicant has applied for two orders namely; departure from the speed truck of the case and amendment of pleadings. The respondent through advocates Mughwai and Desuza contested the maintainability of the application on account of being preferred under a wrong provision of law. In their long submissions supported by numerous authorities, I have observed, the counsel for the respondents, I have observed, object only to the prayer as to amendment of pleadings which is at issue. The maintainability of the first prayer seems not to be doubted. In his brief submissions, Mr. Nyakiha, speaking for the applicant appears to concede to the preliminary objection in so far as it relates to the second prayer but denies that the first prayer is also not maintainable in law. I entirely subscribe to the counsel for the respondents that the provision of order VIIIA rule 4 is incapable of moving the Court for the grant of an order for amendment. Neither is section 95 of the CPC. I nevertheless, I agree with the counsel for the applicant that the said provision is an enabling provision for amendment of and departure from speed. On that account, I will sustain the preliminary objection in respect of the second prayer and grant the first prayer. The scheduling order made on the first PTC is hereby departed from so that the applicant can be permitted to file an application for amendment of SGD: I. MAIGE JUDGE 16/ 10/2018 Court: ruling delivered. Appl JUDGE 6/ 10/2018