20061218 TZHC Dar es Salaam

20061218 TZHC Dar es Salaam

The application for departure from the scheduling order was time-barred as it was made after the deadline had expired. O. VIII A r. 4 of the Civil Procedure Code is directory but must be strictly construed. The Plaintiff was required to seek extension or amendment of the scheduling order before its expiry. The court's discretion to enlarge time is fettered by the speed tracks and scheduling orders, and cannot be exercised after the deadline has passed without a prior application for extension of time within which to apply for departure.

Citation
20061218 TZHC Dar es Salaam
Parties
Plaintiff: Tanzania Fertilizer Co. Ltd; 1st Defendant: National Insurance Corporation of Tanzania Limited; 2nd Defendant: Presidential Parastatal Sector Reform Commission
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 December 2006
Procedural Posture
Commercial Case / Ruling on Application for Departure From Scheduling Order and Extension of Time
Outcome
Application dismissed with costs
Legal Topics
Scheduling Orders, Extension of Time, Limitation of Actions
Source Language
English
Civil Procedure Scheduling Orders Extension of Time Limitation of Actions

Case Brief

Summary, issues, holding and outcome

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Parties

Tanzania Fertilizer Co. Ltd

Plaintiff

National Insurance Corporation of Tanzania Limited

1st Defendant

Presidential Parastatal Sector Reform Commission

2nd Defendant

Procedural Posture

Commercial Case / Ruling on Application for Departure From Scheduling Order and Extension of Time

Legal Issues

  1. 1 Whether the application for departure from the scheduling order was time-barred
  2. 2 Whether the court has discretion to extend time under s. 93 of the Civil Procedure Code after expiry of the scheduling order
  3. 3 Whether O. VIII A r. 4 of the Civil Procedure Code is mandatory or directory

Ratio Decidendi

The application for departure from the scheduling order was time-barred as it was made after the deadline had expired. O. VIII A r. 4 of the Civil Procedure Code is directory but must be strictly construed. The Plaintiff was required to seek extension or amendment of the scheduling order before its expiry. The court's discretion to enlarge time is fettered by the speed tracks and scheduling orders, and cannot be exercised after the deadline has passed without a prior application for extension of time within which to apply for departure.

Court Disposition

Application dismissed with costs

Orders

  • Application for departure from scheduling order is dismissed with costs
  • Plaintiff may apply for extension of time within which to apply for departure or amendment of the scheduling order