20090804 TZHC Mwanza

20090804 TZHC Mwanza

The application to dismiss the written statement of defence is rejected because the defendant was served with a summons to appear in compliance with Order 8 Rule 1 of the Civil Procedure Code, and the plaintiff was not justified in seeking dismissal on the alleged ground.

Citation
20090804 TZHC Mwanza
Parties
Plaintiff: Dishon John Mgaya; Respondent: Nyerere Designated District Hospital - Mugumu
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 August 2009
Procedural Posture
Civil Case / Ruling on Application to Dismiss Written Statement of Defence
Outcome
Application rejected
Legal Topics
Filing Deadlines, Written Statement of Defence, Order 8 Rule 1 Civil Procedure Code
Source Language
English
Civil Procedure Filing Deadlines Written Statement of Defence Order 8 Rule 1 Civil Procedure Code

Case Brief

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Parties

Dishon John Mgaya

Plaintiff

Nyerere Designated District Hospital - Mugumu

Respondent

Procedural Posture

Civil Case / Ruling on Application to Dismiss Written Statement of Defence

Legal Issues

  1. 1 Whether the written statement of defence should be dismissed for being filed out of time

Ratio Decidendi

The application to dismiss the written statement of defence is rejected because the defendant was served with a summons to appear in compliance with Order 8 Rule 1 of the Civil Procedure Code, and the plaintiff was not justified in seeking dismissal on the alleged ground.

Court Disposition

Application rejected

Orders

  • Mediation to continue before Hon. Judge Mr. K. M. Nyangarika
  • Costs for this application to follow the event