leo developers ltd vs bhladwa another 2022 tzhc 12864 9 august 2022

leo developers ltd vs bhladwa another 2022 tzhc 12864 9 august 2022

The plaint may be amended to implead the Attorney General due to statutory requirements, but not to add the buyer of the suit premises or a new relief unrelated to the original cause of action. The counterclaim may be amended to reflect the outstanding sum, but ex-parte proceedings cannot continue without proof of service to all defendants.

Citation
leo developers ltd vs bhladwa another 2022 tzhc 12864 9 august 2022
Parties
Plaintiff: Leo Developers Ltd; 1st Defendant: B.H. Ladwa Limited; 2nd Defendant: Azania Bank Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
9 August 2022
Procedural Posture
Civil Case / Ruling on Application to Amend Pleadings and Counterclaim
Outcome
Partly allowed
Legal Topics
Amendment of Pleadings, Breach of Contract, Counterclaim Procedure, Impleading Attorney General, Sale of Mortgaged Property
Source Language
English
Civil Procedure Contract Law Amendment of Pleadings Breach of Contract Counterclaim Procedure Impleading Attorney General Sale of Mortgaged Property

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Parties

Leo Developers Ltd

Plaintiff

B.H. Ladwa Limited

1st Defendant

Azania Bank Limited

2nd Defendant

Procedural Posture

Civil Case / Ruling on Application to Amend Pleadings and Counterclaim

Legal Issues

  1. 1 Whether the plaint should be amended to implead the Attorney General
  2. 2 Whether the plaint should be amended to implead the buyer of the suit premises and add a new relief
  3. 3 Whether the counterclaim should be amended to reflect the outstanding sum

Ratio Decidendi

The plaint may be amended to implead the Attorney General due to statutory requirements, but not to add the buyer of the suit premises or a new relief unrelated to the original cause of action. The counterclaim may be amended to reflect the outstanding sum, but ex-parte proceedings cannot continue without proof of service to all defendants.

Court Disposition

Partly allowed

Orders

  • Plaint and subsequent pleadings to be amended to implead the Attorney General.
  • Counterclaim to be amended to reflect the outstanding sum.