thomas maiko chacha 4 athers musa makongoro another 2008 tzhccomd 3 18 february 2008

thomas maiko chacha 4 athers musa makongoro another 2008 tzhccomd 3 18 february 2008

A document not filed with the plaint but produced at the first hearing and listed in the reply to the written statement of defence may be admitted under Order XIII Rule 1 of the Civil Procedure Code, provided the opposing party had sufficient notice and is not prejudiced.

Source-derived case information.

Citation
thomas maiko chacha 4 athers musa makongoro another 2008 tzhccomd 3 18 february 2008
Parties
Plaintiff: Thomas Maiko Chacha; Plaintiff: Sebastian Mamboleo Mahena; Plaintiff: Lt. Col. Joel Gathi Mrimi; Plaintiff: Bartholomeo Chengo Maginga; Plaintiff: Julius Mafala Ngowi; Defendant: Musa Makongoro; Necessary Party: Registrar of Titles
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
18 February 2008
Procedural Posture
Civil / Interlocutory Objection During Hearing
Outcome
objection dismissed
Legal Topics
Admissibility of Documentary Evidence, Order VII Rule 14 CPC, Order XIII Rule 1 CPC, Procedure for Production of Documents
Source Language
english
Civil Procedure Admissibility of Documentary Evidence Order VII Rule 14 CPC Order XIII Rule 1 CPC Procedure for Production of Documents

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Parties

Thomas Maiko Chacha

Plaintiff

Sebastian Mamboleo Mahena

Plaintiff

Lt. Col. Joel Gathi Mrimi

Plaintiff

Bartholomeo Chengo Maginga

Plaintiff

Julius Mafala Ngowi

Plaintiff

Musa Makongoro

Defendant

Registrar of Titles

Necessary Party

Procedural Posture

Civil / Interlocutory Objection During Hearing

Legal Issues

  1. 1 Whether a document not filed with the plaint but attached to the reply to the written statement of defence can be admitted in evidence without leave of the court under Order VII Rule 14 of the Civil Procedure Code

Ratio Decidendi

A document not filed with the plaint but produced at the first hearing and listed in the reply to the written statement of defence may be admitted under Order XIII Rule 1 of the Civil Procedure Code, provided the opposing party had sufficient notice and is not prejudiced.

Court Disposition

objection dismissed

Orders

  • Objection by the defendant is dismissed with costs, which shall be costs in the main suit.