ms silent inn hotel ltd vs kinondoni municipal council 2005 tzhc 66 6 december 2005
There is no restriction preventing the court from granting leave to amend the plaint as sought; the amendment is necessary for determining the real questions in controversy.
Source-derived case information.
- Citation
- ms silent inn hotel ltd vs kinondoni municipal council 2005 tzhc 66 6 december 2005
- Parties
- Plaintiff: Silent Inn Hotel Limited; Defendant: Kinondoni Municipal Council
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 6 December 2005
- Procedural Posture
- Civil / Interlocutory Application for Amendment of Plaint
- Outcome
- Application granted
- Legal Topics
- Amendment of Pleadings, Compensation Claims
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Silent Inn Hotel Limited
Plaintiff
Kinondoni Municipal Council
Defendant
Procedural Posture
Civil / Interlocutory Application for Amendment of Plaint
Legal Issues
- 1 Whether the plaintiff should be granted leave to amend the plaint to increase the compensation claimed
Ratio Decidendi
There is no restriction preventing the court from granting leave to amend the plaint as sought; the amendment is necessary for determining the real questions in controversy.
Court Disposition
Application granted
Orders
- Plaintiff granted leave to amend plaint
- Amended plaint to be filed within two months from the date of ruling
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF TANZANIA AT OAR ES SALAAM MIS SILENT INN HOTEL LIMITED PLAINTIFF RULING A.Shangwa,J. On isth August 2003, Dr. Lamwai for the plaintiff filed a chamber application for leave to am~nd his client's plaint. His application is supported by affidavit of Thaddeus Lelo Makoi who is the managing Director of the plaintiff's company. The amendment sought is in respect of paragraph 3 of the plaint. This paragraph reads as follows: 2 11 3. That the plaintiff's claim against the Defendant is for THESUM of Shs 50/000/000 ;- being compensation for the loss suffered as a result of the Defendant's act of demolishing the plaintiff's property without notice". In the intended amendment, the plaintiff wants to enhance the sum of money claimed as compensation from Shs 50,000,000/= to Shs 300,000,000/=. The reason which was given by Dr. Lamwai for the said increase is that at the time of filing the sUit, there was partial demolition of the suit premises and that after filing it, the Respondent namely Kinondoni Municipal Council continued to demolish the suit premises. Mr. Mrindoko for the Respondent resisted the intended amendment by subrnitting that there was no subsequent 3 demolition of the suit premises which was carried out after the suit was filed. He contended that the plaintiff's claim in the intended amendment is an afterthought which is intended to defeat the course of justice. The relevant provision for amendment of pleadings is a.VI r. 17 of the Civil Procedure Code, 1966. The said rule provides as follows: II 17. The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties'~ Reading the above quoted provision of law, I do not see anything which restricts this Court from granting leave to the plaintiff to amend its plaint in a manner which is intended for. For this reason, I grant this application and order that the amended plaint should be filed within two months from today . The case should come for mention on 3/2/2006. Delivered today in the presence of the parties representatives. k~ A. Shangwa 6/12/2005