East African Cables Limited versus Spencom Services Limited; Commercial Case No 42 of 2016: High Court of Tanzania (Commercial Division) at DSM (Unreported).
- Civil Procedure
- Plaint – plaint not signed by the Plaintiff’s advocate – whether fatal.
- Plaint – plaint not accompanied by Plaintiff’s resolution to authorize the filing of the suit – whether fatal.
- Procedure – how rules of procedure should be construed.
Held:-
(i) When a plaint is not signed by the plaintiff’s advocate, it amounts to irregularity. However, the irregularity is curable under Order V1, Rule 17 of the Civil Procedure Code which allows amendments of pleadings for the ends of justice.
(ii) It is now the law that procedural provisions contained in the Civil Procedure Code should not be construed in such a manner which will seriously cause injustice to a party. Courts do exists for doing justice between the parties and not for punishing them.
(iii) It is well established principal that the object of the court is to decide the rights of the parties and not to punish them for mistakes they make in the conduct of their cases by dividing otherwise than in accordance with their rights (Citing Cropper V. Smith (1884) (H.D 700)