njake enterprises ltd vs sadock dotto magai ta imma advocates another 2005 tzhccomd 28 31 march 2005

njake enterprises ltd vs sadock dotto magai ta imma advocates another 2005 tzhccomd 28 31 march 2005

The subject matters of the two cases are not the same; in Moshi, Plaintiffs seek the property, while in the present case, Plaintiffs seek rescission and refund. The amendment order was general and did not limit the scope, so new matters in the amended plaint are permissible. Both preliminary objections are dismissed.

Citation
njake enterprises ltd vs sadock dotto magai ta imma advocates another 2005 tzhccomd 28 31 march 2005
Parties
1st Defendant: Sadock Dotto Magai t/a IMMA, Advocates; 2nd Defendant: NBC Limited; Plaintiffs: Plaintiffs
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
31 March 2005
Procedural Posture
Commercial Suit / Ruling on Preliminary Objections
Outcome
Preliminary objections dismissed
Legal Topics
Res Sub Judice, Amendment of Pleadings, Scope of Amendment, Subject Matter of Suit
Source Language
English
Civil Procedure Commercial Law Res Sub Judice Amendment of Pleadings Scope of Amendment Subject Matter of Suit

Case Brief

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Parties

Sadock Dotto Magai t/a IMMA, Advocates

1st Defendant

NBC Limited

2nd Defendant

Plaintiffs

Plaintiffs

Procedural Posture

Commercial Suit / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the suit is barred by res sub judice due to a pending case at Moshi High Court Registry
  2. 2 Whether the Plaintiffs violated Order 6 Rule 17 CPC by introducing new matters beyond the scope of the amendment order

Ratio Decidendi

The subject matters of the two cases are not the same; in Moshi, Plaintiffs seek the property, while in the present case, Plaintiffs seek rescission and refund. The amendment order was general and did not limit the scope, so new matters in the amended plaint are permissible. Both preliminary objections are dismissed.

Court Disposition

Preliminary objections dismissed

Orders

  • Matter fixed at speed track one
  • Mediation scheduled for 31/5/2005