yusuph said guzo as a legl personal representative of ally said guzo vs deodati amtoni msaki others 2019 tzhc 109 16 october 2019

yusuph said guzo as a legl personal representative of ally said guzo vs deodati amtoni msaki others 2019 tzhc 109 16 october 2019

The suit was struck out because the plaint contained an incurable anomaly regarding representation and joinder, and amendment was not permissible after preliminary objection was raised.

Citation
yusuph said guzo as a legl personal representative of ally said guzo vs deodati amtoni msaki others 2019 tzhc 109 16 october 2019
Parties
Plaintiff: Yusuph Said Guzo; Plaintiff: Ally Said Guzo (deceased); Plaintiff: Abdul Ally Guzo; Defendant: Deodati Amtoni Msaki; Defendant: Fatuma Losindilo Kimaro; Defendant: GHM Insurance Broker Limited; Defendant: Maxiinsure (T) Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 October 2019
Procedural Posture
Civil / Ruling on Preliminary Objection
Outcome
struck out with costs
Legal Topics
Misjoinder, Nonjoinder, Representative Suits, Amendment of Pleadings
Source Language
English
Civil Procedure Misjoinder Nonjoinder Representative Suits Amendment of Pleadings

Case Brief

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Parties

Yusuph Said Guzo

Plaintiff

Ally Said Guzo (deceased)

Plaintiff

Abdul Ally Guzo

Plaintiff

Deodati Amtoni Msaki

Defendant

Fatuma Losindilo Kimaro

Defendant

GHM Insurance Broker Limited

Defendant

Maxiinsure (T) Limited

Defendant

Procedural Posture

Civil / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the plaintiff had leave of the Court to file a representative suit for Abdul Ally Guzo
  2. 2 Whether the defect in joining Abdul Ally Guzo as co-plaintiff is curable
  3. 3 Whether amendment of plaint is permissible after preliminary objection is raised

Ratio Decidendi

The suit was struck out because the plaint contained an incurable anomaly regarding representation and joinder, and amendment was not permissible after preliminary objection was raised.

Court Disposition

struck out with costs

Orders

  • Suit struck out with costs due to anomaly on the face of the plaint.