jackson mahali vs the national insurance corp of t ltd another 2009 tzhccomd 10 8 may 2009

Omission to sign pleadings by both party and advocate is a procedural defect that does not affect the merits or jurisdiction and can be cured by amendment at any stage before judgment.

Citation: jackson mahali vs the national insurance corp of t ltd another 2009 tzhccomd 10 8 may 2009
Parties: Plaintiff: Jackson Mahali; 1st Defendant: The National Insurance Corporation of Tanzania Ltd; 2nd Defendant: Consolidated Holding Corporation
Court: TZHCCOMD
Jurisdiction: Tanzania
Judgment Date: 8 May 2009
Procedural Posture: Commercial Case / Ruling on Preliminary Objection
Outcome: Preliminary objection partly sustained and partly rejected.
Legal Topics: Pleadings, Signature Requirements, Amendment of Pleadings
Source Language: English

Civil Procedure Pleadings Signature Requirements Amendment of Pleadings

Case Brief

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Parties

Jackson Mahali

Plaintiff

The National Insurance Corporation of Tanzania Ltd

1st Defendant

Consolidated Holding Corporation

2nd Defendant

Procedural Posture

Commercial Case / Ruling on Preliminary Objection

Legal Issues

1 Whether omission to sign pleadings by both party and advocate renders the plaint or written statement of defence incurably defective under Order VI Rule 14 of the Civil Procedure Code, 1966

Ratio Decidendi

Omission to sign pleadings by both party and advocate is a procedural defect that does not affect the merits or jurisdiction and can be cured by amendment at any stage before judgment.

Court Disposition

Preliminary objection partly sustained and partly rejected.

Orders

Plaint and written statement of defence to be amended and properly signed by advocates within 7 days from the date of the ruling.
Each party to bear own costs.