michael b masinde vs ds izina alias dhahiri said izina 3 others 2021 tzhclandd 6866 11 november 2021

michael b masinde vs ds izina alias dhahiri said izina 3 others 2021 tzhclandd 6866 11 november 2021

Filing an amended plaint out of time cannot be remedied by extension after filing; striking out the amended plaint results in striking out the entire suit as the original plaint cannot be revived.

Citation
michael b masinde vs ds izina alias dhahiri said izina 3 others 2021 tzhclandd 6866 11 november 2021
Parties
Plaintiff: Michael B. Masinde; 1st Defendant: D.S. Izina alias Dhahiri Said Izina; 2nd Defendant: Francis Endeni Msangi; 3rd Defendant: Ministry of Lands, Housing and Human Settlement; 4th Defendant: Honourable Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
11 November 2021
Procedural Posture
Land Case / Ruling on Consequence of Late Filing of Amended Plaint
Outcome
Suit struck out
Legal Topics
Amendment of Pleadings, Extension of Time, Striking Out Pleadings
Source Language
English
Civil Procedure Land Law Amendment of Pleadings Extension of Time Striking Out Pleadings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Michael B. Masinde

Plaintiff

D.S. Izina alias Dhahiri Said Izina

1st Defendant

Francis Endeni Msangi

2nd Defendant

Ministry of Lands, Housing and Human Settlement

3rd Defendant

Honourable Attorney General

4th Defendant

Procedural Posture

Land Case / Ruling on Consequence of Late Filing of Amended Plaint

Legal Issues

  1. 1 Consequence of filing amended plaint out of time
  2. 2 Whether original plaint can be revived after amended plaint is struck out

Ratio Decidendi

Filing an amended plaint out of time cannot be remedied by extension after filing; striking out the amended plaint results in striking out the entire suit as the original plaint cannot be revived.

Court Disposition

Suit struck out

Orders

  • Amended plaint struck out
  • Entire suit struck out