20150427 TZCA Dar es Salaam
The Court cannot amend the pleadings to remove the second applicant based solely on counsel's oral assertion of non-existence; proper service of notice must be effected to all parties as per procedural rules.
- Citation
- 20150427 TZCA Dar es Salaam
- Parties
- Applicant: Mohamed Enterprises (T) Ltd; Applicant: G.D. Estates Tukuyu; Respondent: Jacob Chaula and 71 Others
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 27 April 2015
- Procedural Posture
- Civil Application / Application for Stay of Execution Pending Appeal
- Outcome
- Hearing adjourned
- Legal Topics
- Stay of Execution, Amendment of Pleadings, Service of Notice
- Source Language
- English
Case Brief
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Parties
Mohamed Enterprises (T) Ltd
Applicant
G.D. Estates Tukuyu
Applicant
Jacob Chaula and 71 Others
Respondent
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the Court can amend pleadings to remove a party alleged to be non-existent
- 2 Proper service of notice to all parties
Ratio Decidendi
The Court cannot amend the pleadings to remove the second applicant based solely on counsel's oral assertion of non-existence; proper service of notice must be effected to all parties as per procedural rules.
Court Disposition
Hearing adjourned
Orders
- Second applicant to be served with notice of hearing using address in CMA records
- Registrar to fix new hearing date
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