Salehe Said Nalidi versus National Microfinance Bank PLC

Salehe Said Nalidi versus National Microfinance Bank PLC; Commercial Case No 1 of 2015; High Court of Tanzania (Commercial Division) at Dar es Salaam (Unreported).

• Civil Procedure

• Parties – Plaintiff dies-oral application made to amend pleadings so as to include the legal representative of the deceased plaintiff-application made beyond 90 days-whether proper.

Held:-

Under Order XXII Rule 3 of the Civil Procedure Code, Cap 33 and item 16 of the Law of Limitation Act, Cap 89, when one or more of the plaintiffs dies an application to have legal representative of the deceased plaintiff to be made a party shall be made within 90 days upon plaintiff’s death. When no application is made within 90 days, the suit shall abate.  The application should be made through a formal application in terms of Order XLIII Rule 2 of the CPC, Cap 33.