AIRTEL TANZANIA LIMITED VS. OSE POWER SOLUTIONS LIMITED. CIVIL APPEAL NO. 206 OF 2017

Abstract

Held (i). It is a settled position that, upon filing amended plaint, the original plaint ceases to exist. The same applies when Written Statement of Defence is filed inferring the end of the original.

(ii) Suffice to say, Order VII Rule 14 of the CPC requires documents to be relied upon by parties to be attached in the pleadings to form part of the pleadings.

(iii). Upon failure to reply on the counterclaim within the time prescribed, judgment should be pronounced on the counterclaim.

(iv). The Court restated its holding in the case of National Bureau of Statistic vs. The National Bank of Commerce and Another, Civil Appeal No. 113 of 2018 (unreported) that “the spirit embraced in assigning a suit to a certain speed track is only to facilitate the expeditious disposal and management of the case. It is thus not expected that failure to adhere to a scheduled speed track will have consequences of having a suit struck out”