joseph chale vs mariam abdallah kimaro and 2 others 2020 tzhclandd 2296 4 september 2020

joseph chale vs mariam abdallah kimaro and 2 others 2020 tzhclandd 2296 4 september 2020

Non-compliance with the mandatory requirement to plead particulars of fraud renders the plaint fatally defective and not curable by amendment once the issue is raised; the suit must be struck out.

Citation
joseph chale vs mariam abdallah kimaro and 2 others 2020 tzhclandd 2296 4 september 2020
Parties
Plaintiff: Joseph Chale; 1st Defendant: Mariam Abdallah Kimaro; 2nd Defendant: Access Bank Tanzania Limited; 3rd Defendant: Malangu Crispin Hauli
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
4 September 2020
Procedural Posture
Land Case / Preliminary Objection on Competency of Plaint
Outcome
Suit struck out
Legal Topics
Pleading Requirements, Fraud Particulars, Amendment of Pleadings
Source Language
English
Civil Procedure Land Law Pleading Requirements Fraud Particulars Amendment of Pleadings

Case Brief

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Parties

Joseph Chale

Plaintiff

Mariam Abdallah Kimaro

1st Defendant

Access Bank Tanzania Limited

2nd Defendant

Malangu Crispin Hauli

3rd Defendant

Procedural Posture

Land Case / Preliminary Objection on Competency of Plaint

Legal Issues

  1. 1 Whether the plaint is competent for failure to provide particulars of fraud as required by law
  2. 2 Whether the defect is curable by amendment

Ratio Decidendi

Non-compliance with the mandatory requirement to plead particulars of fraud renders the plaint fatally defective and not curable by amendment once the issue is raised; the suit must be struck out.

Court Disposition

Suit struck out

Orders

  • Suit struck out for non-compliance with mandatory pleading requirements
  • No order as to costs