19980811 TZHC Dar es Salaam

19980811 TZHC Dar es Salaam

The court has jurisdiction because the contract was made in Dar es Salaam, Tanzania, and the cause of action arose there. Leave to amend the written statement of defence is granted as it falls within the scope of Order VI Rule 17 CPC.

Citation
19980811 TZHC Dar es Salaam
Parties
Plaintiff: Transcargo Ltd; 1st Defendant: T.G. Hollevas; 2nd Defendant: M.G. Hollevas
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 August 1998
Procedural Posture
Civil Case / Interlocutory Application and Preliminary Objection Ruling
Outcome
Leave to amend the written statement of defence granted; preliminary objection on jurisdiction dismissed.
Legal Topics
Amendment of Pleadings, Jurisdiction, Cause of Action
Source Language
English
Civil Procedure Amendment of Pleadings Jurisdiction Cause of Action

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Parties

Transcargo Ltd

Plaintiff

T.G. Hollevas

1st Defendant

M.G. Hollevas

2nd Defendant

Procedural Posture

Civil Case / Interlocutory Application and Preliminary Objection Ruling

Legal Issues

  1. 1 Whether leave should be granted to amend the written statement of defence
  2. 2 Whether the court has jurisdiction to try the suit

Ratio Decidendi

The court has jurisdiction because the contract was made in Dar es Salaam, Tanzania, and the cause of action arose there. Leave to amend the written statement of defence is granted as it falls within the scope of Order VI Rule 17 CPC.

Court Disposition

Leave to amend the written statement of defence granted; preliminary objection on jurisdiction dismissed.

Orders

  • Leave to amend the written statement of defence is granted.
  • Preliminary objection regarding jurisdiction is dismissed.