JV Tangerm Construction Co Ltd and Another versus Tanzania Ports Authority; Commercial Case No 117 of 2015: High Court of Tanzania (Commercial Division) at Dar es Salaam (Unreported).
- Civil Procedure
- Verification clause – verification clause in the plaint is defective for not showing the place and date of verification – whether the error is fatal.
Held:-
(i) When a verification clause is fatal for not showing the place and date of verification, the error is not fatal. It is an error that is curable by simple amendment of the pleadings (Cited Noremco Construction (NOREMCO) v. Dar es Salam Water Sewerage Authority (DAWASA), Commercial Case No 47 of 2009 (Unreported).
(ii) Want of or defect in verification does not make pleadings void; it is mere irregularity which is curable by amendments (Cited Philip Ananias Masasi versus Returning Officer (Njombe North constituency) and 2 others, Misc Civil Case No – of 1995 Unreported).