Abdulali Jiwanjee and Co. Ltd v Highland Commercial Union
Abdulali Jiwanjee and Co. Ltd v Highland Commercial Union (Civil Suit No. 42 of 1952) [1952] EACA 3 (1 January 1952)
The court found that the plaintiff's application to amend the name of the defendant was made in bad faith, as it sought to back-date the amendment and avoid crediting the substantial payment already made by the defendant. Allowing the amendment would gravely prejudice the defendant and deny them recovery of costs. The facts of the case did not warrant the amendment, and the justice of the case did not require it. The principles established in Steward v. North Metropolitan Tramways Co. were applied, leading to the dismissal of the application with costs.
Source excerpt
- Amendment Of Pleadings
- Bad Faith Application
- Justice Of The Case
- Costs Award