zte corporation vs benson informatics ltd ta smart 2018 tzhccomd 65 2 may 2018

zte corporation vs benson informatics ltd ta smart 2018 tzhccomd 65 2 may 2018

Failure to state date and place in verification clause renders plaint defective and non-compliant with Order VI Rule 15(3) CPC; amendment not permitted after objection is raised; plaint struck out with costs.

Citation
zte corporation vs benson informatics ltd ta smart 2018 tzhccomd 65 2 may 2018
Parties
Plaintiff: ZTE Corporation; Defendant: Benson Informatics Limited TIA Smart
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
2 May 2018
Procedural Posture
Commercial Case / Ruling on Preliminary Objections
Outcome
plaint struck out with costs in favour of defendant
Legal Topics
Verification Clause, Amendment of Pleadings, Compliance With Procedural Rules
Source Language
English
Civil Procedure Verification Clause Amendment of Pleadings Compliance With Procedural Rules

Case Brief

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Parties

ZTE Corporation

Plaintiff

Benson Informatics Limited TIA Smart

Defendant

Procedural Posture

Commercial Case / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the plaint is defective for lack of date and place in the verification clause under Order VI Rule 15(3) CPC
  2. 2 Whether defects in verification clause are fatal or curable by amendment
  3. 3 Whether written statement of defence contravenes procedural rules

Ratio Decidendi

Failure to state date and place in verification clause renders plaint defective and non-compliant with Order VI Rule 15(3) CPC; amendment not permitted after objection is raised; plaint struck out with costs.

Court Disposition

plaint struck out with costs in favour of defendant

Orders

  • plaint struck out
  • costs awarded to defendant