standard chartred bank another vs vip engineering marketing ltd others 2021 tzca 344 2 august 2021

The application is incompetent because it seeks to rectify a defect already challenged by a preliminary objection in another application, which is not permissible under established legal principles.

Source-derived case information.

Citation: standard chartred bank another vs vip engineering marketing ltd others 2021 tzca 344 2 august 2021
Parties: Applicant: Standard Chartered Bank; Applicant: Standard Chartered Bank (Hong Kong) Ltd; Respondent: VIP Engineering & Marketing Limited; Necessary Party: Standard Chartered Bank (Tanzania) Ltd; Necessary Party: The Joint Liquidators of Mechmar Corporation (Malaysia) Berhad; Necessary Party: Wartsila Nederland B.V.; Necessary Party: Wartsila Tanzania Ltd
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 2 August 2021
Procedural Posture: Civil Application / Ruling on Preliminary Objection
Outcome: application struck out with costs
Legal Topics: Preliminary Objection, Amendment of Pleadings, Court Procedure
Source Language: english

Civil Procedure Preliminary Objection Amendment of Pleadings Court Procedure

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 9 Party arguments 2

Parties

Standard Chartered Bank

Applicant

Standard Chartered Bank (Hong Kong) Ltd

Applicant

VIP Engineering & Marketing Limited

Respondent

Standard Chartered Bank (Tanzania) Ltd

Necessary Party

The Joint Liquidators of Mechmar Corporation (Malaysia) Berhad

Necessary Party

Wartsila Nederland B.V.

Necessary Party

Wartsila Tanzania Ltd

Necessary Party

Procedural Posture

Civil Application / Ruling on Preliminary Objection

Legal Issues

1 Whether an application to amend pleadings can be entertained when a preliminary objection has already been raised against the original application

Ratio Decidendi

The application is incompetent because it seeks to rectify a defect already challenged by a preliminary objection in another application, which is not permissible under established legal principles.

Court Disposition

application struck out with costs

Orders

application struck out with costs

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standard chartred bank another vs vip engineering marketing ltd others 2021 tzca 344 2 august 2021

Summary, issues, holding and outcome

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Parties

Procedural Posture

Legal Issues

Ratio Decidendi

Court Disposition

Orders

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