mikoani traders ltd vs engineering distributors ltd 2006 tzhccomd 58 31 october 2006
The proper course for a defective verification clause is to allow amendment rather than striking out the plaint, following established precedent.
- Citation
- mikoani traders ltd vs engineering distributors ltd 2006 tzhccomd 58 31 october 2006
- Parties
- Plaintiff: Mikoani Traders Limited; Defendant: Engineering & Distributors Ltd.
- Court
- TZHCCOMD
- Jurisdiction
- Tanzania
- Judgment Date
- 31 October 2006
- Procedural Posture
- Commercial Case / Ruling on Preliminary Objection
- Outcome
- Preliminary objection partly allowed with costs; plaintiff granted leave to amend verification clause within 7 days.
- Legal Topics
- Verification of Pleadings, Amendment of Pleadings, Preliminary Objection
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Mikoani Traders Limited
Plaintiff
Engineering & Distributors Ltd.
Defendant
Procedural Posture
Commercial Case / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the defective verification clause in the plaint warrants striking out or amendment of the plaint
Ratio Decidendi
The proper course for a defective verification clause is to allow amendment rather than striking out the plaint, following established precedent.
Court Disposition
Preliminary objection partly allowed with costs; plaintiff granted leave to amend verification clause within 7 days.
Orders
- Plaintiff to amend verification clause within 7 days from ruling date
- Mention scheduled for 13/11/2006
Full Case Text
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