intregrated cotton field vs crdb bank ltd another 2013 tzhccomd 8 21 february 2013

intregrated cotton field vs crdb bank ltd another 2013 tzhccomd 8 21 february 2013

The misdescription of the applicant's name in the chamber summons is a minor and curable defect. The error is inadvertent and does not affect the substance of the proceedings. The court has the power to allow amendment of such errors under sections 97 and 17 of the Civil Procedure Code. The preliminary objection is overruled and the applicant is ordered to rectify the record.

Citation
intregrated cotton field vs crdb bank ltd another 2013 tzhccomd 8 21 february 2013
Parties
Applicant: Intergrated Cotton Field Ltd; 1st Respondent: CRDB Bank Ltd; 2nd Respondent: Eagle Auction Mart & General Broker
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
21 February 2013
Procedural Posture
Application for Leave to Appeal and Preliminary Objection / Ruling on Preliminary Objection
Outcome
preliminary objection overruled
Legal Topics
Locus Standi, Amendment of Pleadings, Clerical Error, Preliminary Objection
Source Language
English
Civil Procedure Locus Standi Amendment of Pleadings Clerical Error Preliminary Objection

Case Brief

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Parties

Intergrated Cotton Field Ltd

Applicant

CRDB Bank Ltd

1st Respondent

Eagle Auction Mart & General Broker

2nd Respondent

Procedural Posture

Application for Leave to Appeal and Preliminary Objection / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the applicant has locus standi due to misdescription of party name
  2. 2 Whether the error in party name is curable under the Civil Procedure Code

Ratio Decidendi

The misdescription of the applicant's name in the chamber summons is a minor and curable defect. The error is inadvertent and does not affect the substance of the proceedings. The court has the power to allow amendment of such errors under sections 97 and 17 of the Civil Procedure Code. The preliminary objection is overruled and the applicant is ordered to rectify the record.

Court Disposition

preliminary objection overruled

Orders

  • Applicant to rectify the record of the chamber summons within seven days from the date of the ruling
  • No order as to costs; each party to bear own costs