19820622 TZHC Dar es Salaam

19820622 TZHC Dar es Salaam

The defects in the Written Statement of Defence can be cured by amendment; counsel was justified in signing for absent individual defendants but not for the corporate defendant, which must be signed by a principal officer. Paragraph 3 should also be amended. No injustice will occur if amendments are allowed.

Citation
19820622 TZHC Dar es Salaam
Parties
Plaintiff: June Ellis; Defendant: Matti Pal Vonpera; Defendant: Coast Textiles Limited; Defendant: Omiri Rashidi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 June 1982
Procedural Posture
Civil / Ruling on Preliminary Objections
Outcome
Preliminary objections overruled
Legal Topics
Pleadings, Amendment of Pleadings, Verification and Signing of Pleadings
Source Language
English
Civil Procedure Pleadings Amendment of Pleadings Verification and Signing of Pleadings

Case Brief

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Parties

June Ellis

Plaintiff

Matti Pal Vonpera

Defendant

Coast Textiles Limited

Defendant

Omiri Rashidi

Defendant

Procedural Posture

Civil / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the Written Statement of Defence is defective for lack of signature and verification by defendants
  2. 2 Whether paragraph 3 of the Written Statement of Defence should be struck out for being unintelligible and prejudicial

Ratio Decidendi

The defects in the Written Statement of Defence can be cured by amendment; counsel was justified in signing for absent individual defendants but not for the corporate defendant, which must be signed by a principal officer. Paragraph 3 should also be amended. No injustice will occur if amendments are allowed.

Court Disposition

Preliminary objections overruled

Orders

  • Written Statement of Defence in respect of the 2nd defendant to be amended and signed/verified by a principal officer of the corporation
  • Paragraph 3 of the Written Statement of Defence to be amended