nmb bank plc vs quality motors ltd and others 2020 tzhccomd 2046 18 september 2020

nmb bank plc vs quality motors ltd and others 2020 tzhccomd 2046 18 september 2020

A preliminary objection challenging the admissibility of a witness statement must be raised before the evidence is admitted and the case is closed. Once the witness statement and exhibits are admitted and form part of the court record, belated objections are barred by the doctrine of waiver and cannot be entertained. The defendants' objection was an afterthought and lacks merit.

Citation
nmb bank plc vs quality motors ltd and others 2020 tzhccomd 2046 18 september 2020
Parties
Plaintiff: NMB Bank PLC; 1st Defendant: Quality Motors Ltd; 2nd Defendant: Kaniz Manji; 3rd Defendant: Yusuf Manji; 4th Defendant: Quality Group Engineering Ltd; 5th Defendant: Quality Logistic Co. Ltd; 6th Defendant: Quality Group Plant & Equipment Ltd; 7th Defendant: Quality Group Ltd
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
18 September 2020
Procedural Posture
Commercial Case / Ruling on Preliminary Objection After Closure of Plaintiff's Case
Outcome
Preliminary objection dismissed
Legal Topics
Witness Statements, Oath and Affirmation, Doctrine of Waiver, Timing of Objections, Admissibility of Evidence
Source Language
English
Civil Procedure Commercial Law Witness Statements Oath and Affirmation Doctrine of Waiver Timing of Objections Admissibility of Evidence

Case Brief

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Parties

NMB Bank PLC

Plaintiff

Quality Motors Ltd

1st Defendant

Kaniz Manji

2nd Defendant

Yusuf Manji

3rd Defendant

Quality Group Engineering Ltd

4th Defendant

Quality Logistic Co. Ltd

5th Defendant

Quality Group Plant & Equipment Ltd

6th Defendant

Quality Group Ltd

7th Defendant

Procedural Posture

Commercial Case / Ruling on Preliminary Objection After Closure of Plaintiff's Case

Legal Issues

  1. 1 Whether a witness statement can be struck out and the case dismissed based on a belated objection after the statement has been adopted, exhibits tendered, witness cross-examined, and plaintiff's case closed
  2. 2 Whether defects in a witness statement can be cured by oral oath upon adoption in court
  3. 3 Whether a preliminary objection regarding admissibility can be raised after evidence is admitted

Ratio Decidendi

A preliminary objection challenging the admissibility of a witness statement must be raised before the evidence is admitted and the case is closed. Once the witness statement and exhibits are admitted and form part of the court record, belated objections are barred by the doctrine of waiver and cannot be entertained. The defendants' objection was an afterthought and lacks merit.

Court Disposition

Preliminary objection dismissed

Orders

  • Preliminary objection raised by defendants is dismissed
  • Defence case to proceed as per date to be arranged by the court