20040331 TZHC Dodoma

20040331 TZHC Dodoma

The amended written statement of defence was filed within the extended time granted by the court. The signature by the advocate was valid as he was duly authorized. The defect in verification is a procedural irregularity and curable by amendment. The preliminary objections are overruled, and the second defendant is given time to amend the written statement of defence.

Citation
20040331 TZHC Dodoma
Parties
Plaintiff: Mrs. Silvia Makubiri; 1st Defendant: The Guardian Limited; 2nd Defendant: Patrick Willy
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 March 2004
Procedural Posture
Civil / Ruling on Preliminary Objections to Amended Written Statement of Defence
Outcome
Preliminary objections overruled
Legal Topics
Pleadings, Amendment of Pleadings, Verification of Pleadings, Time Limitation for Filing Pleadings
Source Language
English
Civil Procedure Pleadings Amendment of Pleadings Verification of Pleadings Time Limitation for Filing Pleadings

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Parties

Mrs. Silvia Makubiri

Plaintiff

The Guardian Limited

1st Defendant

Patrick Willy

2nd Defendant

Procedural Posture

Civil / Ruling on Preliminary Objections to Amended Written Statement of Defence

Legal Issues

  1. 1 Whether the amended written statement of defence was filed out of time without leave of the court
  2. 2 Whether the amended written statement of defence is defective and incompetent for contravening Order VI Rule 14 and 15(1)(2)(3) of the Civil Procedure Code 1966

Ratio Decidendi

The amended written statement of defence was filed within the extended time granted by the court. The signature by the advocate was valid as he was duly authorized. The defect in verification is a procedural irregularity and curable by amendment. The preliminary objections are overruled, and the second defendant is given time to amend the written statement of defence.

Court Disposition

Preliminary objections overruled

Orders

  • Second defendant to rectify and amend the written statement of defence within fourteen days from the date of delivery of this ruling.
  • Costs in the cause.