20200827 TZHC Dar es Salaam

20200827 TZHC Dar es Salaam

Amendments made by the Defendant to the Written Statement of Defence were outside the scope of the parameters set by the court and therefore untenable; only amendments confined to correcting the anomalies identified in the preliminary objection are permissible.

Citation
20200827 TZHC Dar es Salaam
Parties
Plaintiff: Mohamed Shatry; 1st Defendant: Holiday Najeeb; 2nd Defendant: Sifa Mwitu; 3rd Defendant: Eric Auction Mart; 4th Defendant: Commissioner for Lands; 5th Defendant: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 August 2020
Procedural Posture
Land Case / Ruling on Amendment of Pleadings
Outcome
Amended Written Statement of Defence struck out; Defendant ordered to file an amended WSD confined to the parameters set by the court.
Legal Topics
Amendment of Pleadings, Parameters of Court Orders, Overriding Objective Principle
Source Language
English
Civil Procedure Land Law Amendment of Pleadings Parameters of Court Orders Overriding Objective Principle

Case Brief

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Parties

Mohamed Shatry

Plaintiff

Holiday Najeeb

1st Defendant

Sifa Mwitu

2nd Defendant

Eric Auction Mart

3rd Defendant

Commissioner for Lands

4th Defendant

Attorney General

5th Defendant

Procedural Posture

Land Case / Ruling on Amendment of Pleadings

Legal Issues

  1. 1 Whether the amendments effected by the Defendant in the Amended Written Statement of Defence are lawful

Ratio Decidendi

Amendments made by the Defendant to the Written Statement of Defence were outside the scope of the parameters set by the court and therefore untenable; only amendments confined to correcting the anomalies identified in the preliminary objection are permissible.

Court Disposition

Amended Written Statement of Defence struck out; Defendant ordered to file an amended WSD confined to the parameters set by the court.

Orders

  • 1st Defendant to file an amended Written Statement of Defence confined to amending the title of the suit only by 30/8/2020.
  • Matter scheduled for disposal in a BRN session.