Civ. Case 73-D-66; 27/5/66;
-----------,J.
Plaintiff brought this action against
the city Council of Dar es Salaam, and alleged erroneous
valuation of their property, which
defendant had acquired under the Town and Country Planning Ordinance. During
the taking of evidence concerning an unrelated preliminary point, testimony was
introduced suggesting that a mistake had been made, and that defendant’s
valuation had in fact referred to a neighboring house. Defendant then applied
for leave to present a third party notice against the owner or the neighboring
house, but did not specify what claim might be made against the third party. At
the time of the application the pleading were closed.
HELD:
The court has a general discretion in all cases to allow or not to allow the
notice to be served, but it should not allow this procedure if the result will
be to embrass or delay a plaintiff. Such applications as a general rule will be
refused if not made until after the close of the pleadings. Citing Birmingham
and District Land Co. Ltd. V. London and North Western Railway Company 56 L. T.
702.
The application was dismissed.
No comments:
Post a Comment