chamlomo others vs ndalahwa 2001 tzhc 3 7 june 2001

chamlomo others vs ndalahwa 2001 tzhc 3 7 june 2001

The suit was filed within the extended limitation period, and the defendant's written statement of defence was filed out of time without leave; therefore, the defence is rejected and the plaintiff is ordered to prove the case ex parte.

Citation
chamlomo others vs ndalahwa 2001 tzhc 3 7 june 2001
Parties
Plaintiff: 1st Plaintiff; Plaintiff: 2nd Plaintiff; Defendant: Defendant
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
7 June 2001
Procedural Posture
Civil Suit / Ruling on Preliminary Objections and Procedural Matters
Outcome
Plaintiff to prove case ex parte; defendant's defence rejected.
Legal Topics
Malicious Prosecution, Limitation of Actions, Late Filing of Defence
Source Language
English
Civil Procedure Tort Malicious Prosecution Limitation of Actions Late Filing of Defence

Case Brief

Summary, issues, holding and outcome

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Parties

1st Plaintiff

Plaintiff

2nd Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Civil Suit / Ruling on Preliminary Objections and Procedural Matters

Legal Issues

  1. 1 Whether the suit is time-barred under the Law of Limitation Act
  2. 2 Whether the defendant's written statement of defence should be rejected for late filing

Ratio Decidendi

The suit was filed within the extended limitation period, and the defendant's written statement of defence was filed out of time without leave; therefore, the defence is rejected and the plaintiff is ordered to prove the case ex parte.

Court Disposition

Plaintiff to prove case ex parte; defendant's defence rejected.

Orders

  • Plaintiff to proceed to prove the case ex parte.
  • Defendant's written statement of defence rejected for late filing.