mringa estates limited and 12 others vs ruwaichi john kereth 2022 tzhc 15358 8 december 2022

mringa estates limited and 12 others vs ruwaichi john kereth 2022 tzhc 15358 8 december 2022

Leave to amend and consolidate the written statements of defence is granted as it is necessary for determining the real questions in controversy and does not prejudice the respondent. However, inclusion of a counterclaim is refused as it is not covered under Order VI rule 17 and constitutes a new suit.

Source-derived case information.

Citation
mringa estates limited and 12 others vs ruwaichi john kereth 2022 tzhc 15358 8 december 2022
Parties
Applicant: M'RINGA ESTATES LIMITED; Applicant: Donough John Mahon; Applicant: Diana Julian Mavis Bannister; Applicant: Sally June Mann; Applicant: Christopher John Bannister; Applicant: Dawn Frances Bunting; Applicant: Rowena Margreth Griffiths; Applicant: Cathryn Elizabeth Howard; Applicant: Amanda Louise Frisby; Applicant: Sarah Gaye Bannister; Applicant: Denise Lucinda Bannister; Applicant: Stephen Patrick Mann; Applicant: Liza Joy Mann; Respondent: Ruwaichi John Kereth
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 December 2022
Procedural Posture
Misc. Civil Application / Ruling on Application for Leave to Amend Written Statement of Defence
Outcome
Application partly granted
Legal Topics
Amendment of Pleadings, Leave to Amend Defence, Counterclaim, Consolidation of Defences
Source Language
english
Civil Procedure Amendment of Pleadings Leave to Amend Defence Counterclaim Consolidation of Defences

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Parties

M'RINGA ESTATES LIMITED

Applicant

Donough John Mahon

Applicant

Diana Julian Mavis Bannister

Applicant

Sally June Mann

Applicant

Christopher John Bannister

Applicant

Dawn Frances Bunting

Applicant

Rowena Margreth Griffiths

Applicant

Cathryn Elizabeth Howard

Applicant

Amanda Louise Frisby

Applicant

Sarah Gaye Bannister

Applicant

Denise Lucinda Bannister

Applicant

Stephen Patrick Mann

Applicant

Liza Joy Mann

Applicant

Ruwaichi John Kereth

Respondent

Procedural Posture

Misc. Civil Application / Ruling on Application for Leave to Amend Written Statement of Defence

Legal Issues

  1. 1 Whether leave should be granted to amend and consolidate written statements of defence
  2. 2 Whether a counterclaim can be introduced via amendment under Order VI rule 17

Ratio Decidendi

Leave to amend and consolidate the written statements of defence is granted as it is necessary for determining the real questions in controversy and does not prejudice the respondent. However, inclusion of a counterclaim is refused as it is not covered under Order VI rule 17 and constitutes a new suit.

Court Disposition

Application partly granted

Orders

  • Leave granted to consolidate and amend written statements of defence as specified.
  • Leave to include counterclaim refused.