jacquiline donath kweka abrahamson vs exim bank tanzania ltd and others 2020 tzhc 2006 20 february 2020

The plaintiff's prayer to amend the plaint does not meet the principle that amendments should not substitute the cause of action; therefore, the prayer is not maintainable and the objections are upheld.

Citation: jacquiline donath kweka abrahamson vs exim bank tanzania ltd and others 2020 tzhc 2006 20 february 2020
Parties: Plaintiff: Jacquiline Donath Kweka Abrahamson; 1st Defendant: Exim Bank Tanzania Limited; 2nd Defendant: Johan Harald Christer Abrahamsson; 3rd Defendant: Dascar Limited; 4th Defendant: Mass & Associates Company Ltd & Court Broker; 5th Defendant: Yusuph Shaban Matibwa
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 20 February 2020
Procedural Posture: Land Case / Ruling on Application to Amend Plaint
Outcome: Suit struck out with costs
Legal Topics: Amendment of Pleadings, Jurisdiction, Res Subjudice
Source Language: English

Civil Procedure Property Law Amendment of Pleadings Jurisdiction Res Subjudice

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Parties

Jacquiline Donath Kweka Abrahamson

Plaintiff

Exim Bank Tanzania Limited

1st Defendant

Johan Harald Christer Abrahamsson

2nd Defendant

Dascar Limited

3rd Defendant

Mass & Associates Company Ltd & Court Broker

4th Defendant

Yusuph Shaban Matibwa

5th Defendant

Procedural Posture

Land Case / Ruling on Application to Amend Plaint

Legal Issues

1 Whether the plaintiff's prayer to amend the plaint is meritorious
2 Whether the amendment would substitute the cause of action

Ratio Decidendi

Court Disposition

Suit struck out with costs

Orders

Suit struck out
Plaintiff to pay costs