peter gembe and another vs abubakar rajabu yusuf 2020 tzhclandd 3839 19 october 2020

peter gembe and another vs abubakar rajabu yusuf 2020 tzhclandd 3839 19 october 2020

The proposed amendment would introduce new facts and change the character of the suit, amounting to a new cause of action. Applicants had ample opportunity to amend earlier but failed to do so. Allowing amendment at this stage would cause unnecessary delay and injustice to the respondent, including potential loss of witnesses and restarting the case. The application lacks merit and is dismissed.

Citation
peter gembe and another vs abubakar rajabu yusuf 2020 tzhclandd 3839 19 october 2020
Parties
Applicant: Peter Gembe; Applicant: Jackson Gembe; Respondent: Abubakar Rajab Yusuph
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
19 October 2020
Procedural Posture
Miscellaneous Land Case Application / Ruling on Application for Leave to Amend Written Statement of Defense
Outcome
Application dismissed with costs
Legal Topics
Amendment of Pleadings, Scheduling Orders, Written Statement of Defense, Delay in Proceedings, Prejudice to Parties
Source Language
English
Civil Procedure Land Law Amendment of Pleadings Scheduling Orders Written Statement of Defense Delay in Proceedings Prejudice to Parties

Case Brief

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Parties

Peter Gembe

Applicant

Jackson Gembe

Applicant

Abubakar Rajab Yusuph

Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Application for Leave to Amend Written Statement of Defense

Legal Issues

  1. 1 Whether leave should be granted to amend the written statement of defense after commencement of hearing
  2. 2 Whether the proposed amendment would cause unnecessary delay or injustice
  3. 3 Whether the amendment is necessary for determination of the real controversy

Ratio Decidendi

The proposed amendment would introduce new facts and change the character of the suit, amounting to a new cause of action. Applicants had ample opportunity to amend earlier but failed to do so. Allowing amendment at this stage would cause unnecessary delay and injustice to the respondent, including potential loss of witnesses and restarting the case. The application lacks merit and is dismissed.

Court Disposition

Application dismissed with costs

Orders

  • Departure from scheduling order rejected
  • Leave to amend written statement of defense rejected