20161107 TZHC Dar es Salaam 1

20161107 TZHC Dar es Salaam 1

The amended plaint did not comply with the court's order as it improperly joined additional defendants without leave and was filed as a new suit. The proper course was to allow withdrawal with leave to re-file, as both parties agreed, and each party should bear its own costs since the issue was raised by the court.

Citation
20161107 TZHC Dar es Salaam 1
Parties
Plaintiff: Jon Barnaba Machera; Defendant: Barrick North Mara Gold Mine Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
7 November 2016
Procedural Posture
Civil Case / Ruling on Procedural Objection and Withdrawal
Outcome
Suit withdrawn with leave to re-file; each party to bear own costs.
Legal Topics
Amendment of Pleadings, Joinder of Parties, Withdrawal of Suit, Costs
Source Language
English
Civil Procedure Amendment of Pleadings Joinder of Parties Withdrawal of Suit Costs

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Parties

Jon Barnaba Machera

Plaintiff

Barrick North Mara Gold Mine Ltd

Defendant

Procedural Posture

Civil Case / Ruling on Procedural Objection and Withdrawal

Legal Issues

  1. 1 Whether the amended plaint complied with the court's order regarding amendment
  2. 2 Whether additional defendants were properly joined
  3. 3 Whether the suit should be dismissed or withdrawn with leave to re-file

Ratio Decidendi

The amended plaint did not comply with the court's order as it improperly joined additional defendants without leave and was filed as a new suit. The proper course was to allow withdrawal with leave to re-file, as both parties agreed, and each party should bear its own costs since the issue was raised by the court.

Court Disposition

Suit withdrawn with leave to re-file; each party to bear own costs.

Orders

  • Suit marked withdrawn with leave to re-file under Order XXIII Rule 2 (a) and (b) of the Civil Procedure Code.
  • Each party to bear their own costs.