Tanzania Case Law

VICTOR BATULE APPLICATION DEPARTURE OF AND JUDG ON ADMISSION

Court

TANZLII

Leave to depart from scheduling order is granted due to undisputed late service of defense. Judgment on admission is denied because the claims are specific damages requiring proof, and the pleadings are defective due to withdrawal of two plaintiffs and lack of amendment. Both parties are ordered to amend pleadings to reflect current parties and claims.

Source excerpt

• Judgment on admission
• Scheduling order
• Amendment of pleadings
• Specific damages

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Ruling charles Kahatano Lwempis 1

Court

TANZLII

The High Court at Mwanza upheld a preliminary objection and dismissed a land application with costs for breaching the scheduling order and abusing court process.

• Temporary injunction
• Preliminary objection
• Res judicata
• Scheduling order
• Abuse of process
• Temporary-injunction

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charles kisora chacha mzambia 3 others vs benjamin nyagetango 8 others 2024 tzhc 143 7 february 2024

Court

TZHC

The High Court allowed defendants to amend their written statement of defence after a scheduling order, finding the amendment necessary in the interests of justice.

• Amendment of pleadings
• Scheduling order
• Interests of justice
• Amendment-of-pleadings
• Scheduling-order
• Interests-of-justice

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continental printing packaging corporation limited 3 others v diamond trust bank dtb 2023 tzhc 22824 10 november 2023

Court

TZHC

The High Court at Mwanza dismissed the plaintiffs’ application to amend pleadings, holding that they had not sought leave to depart from the scheduling order and some amendments introduced new causes of action.

• Amendment of pleadings
• Scheduling order
• Procedural regularity
• Amendment-of-pleadings
• Scheduling-order
• Civil-procedure

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eva nicolao mushi suing as administratrix of the late james nderasio mtei vs lucy moses shayo 2023 tzhc 16917 28 april 2023

Court

TZHC

The High Court allowed the plaintiff to amend a plaint in a land dispute, holding that amendments may be made at any stage to resolve the real issues in controversy.

• Amendment of pleadings
• Scheduling order
• Surveyed vs unsurveyed land
• Amendment-of-pleadings
• Land-disputes
• Civil-procedure

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abrashid company limited vs mwanga district council another 2023 tzhc 15642 27 february 2023

Court

TZHC

The High Court sustained a preliminary objection and struck out a late-filed list of additional documents because it was filed after hearing began without leave.

• Filing of additional documents
• Scheduling order
• Leave of court
• Documentary evidence
• Civil-procedure
• Documentary-evidence

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mwassa jeremiah jingi 4 others vs the tanzania railway corporation the attorney general 2022 tzhclandd 65 28 january 2022

Court

TANZLII

The court found that a list of additional documents had been filed by the plaintiffs and was on record, which was not brought to the court's attention during the prior hearing. Invoking the overriding principle under section 3A of the CPC, the court granted leave to produce the documents, prioritizing substantive justice over procedural technicalities.

Source excerpt

• Production of documents
• Court's discretionary powers
• Functus officio
• Scheduling order

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LAND CASE NO

Court

TANZLII

The application for departure from the scheduling order and related amendments was made out of time without leave of the court, contrary to statutory limitation and binding precedent. The court dismissed the application and struck out the suit, ordering each party to bear its own costs.

Source excerpt

• Scheduling order
• Amendment of pleadings
• Enlargement of time
• Limitation period

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afrinext limited and 2 others vs petra larson and another 2021 tzhccomd 3397 1 november 2021

Court

TZHCCOMD

The High Court dismissed an application to enlarge time for filing a supplementary witness statement, finding no sufficient cause and awarding costs.

• Enlargement of time
• Supplementary witness statement
• Scheduling order
• Departure from pleadings
• Enlargement-of-time
• Supplementary-witness-statement

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kcb bank tanzania limited vs mariam omari zahoroand others 2021 tzhclandd 217 17 may 2021

Court

TANZLII

The applicant failed to provide sufficient reasons for the delay in seeking amendment of the scheduling order and counterclaim, especially given the long pendency of the suit and continuous legal representation. Allowing the amendment would cause unwarranted delay and injustice to other parties, outweighing any interest of justice in permitting the amendment.

Source excerpt

• Amendment of pleadings
• Scheduling order
• Counterclaim
• Interest of justice
• Affidavit requirements

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