20090924 TZHC Arusha

The court refused further extension of time for the defendant to file a counter-affidavit, holding that repeated non-compliance does not serve the interests of justice. The court also refused to grant the application solely on the basis of the defendant's failure to file a counter-affidavit, directing that the application be heard on its merits.

Citation: 20090924 TZHC Arusha
Parties: Appellant: Dynamic Drillers Ltd; Respondent: Michael Mjumbe; Respondent: Another (2nd Respondent)
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 24 September 2009
Procedural Posture: Civil / Interlocutory Application Ruling
Outcome: Application for extension of time refused; application to set aside dismissal to proceed to hearing.
Legal Topics: Dismissal for Non Appearance, Setting Aside Ex Parte Orders, Affidavit Practice, Extension of Time
Source Language: English

Civil Procedure Dismissal for Non Appearance Setting Aside Ex Parte Orders Affidavit Practice Extension of Time

Case Brief

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Parties

Dynamic Drillers Ltd

Appellant

Michael Mjumbe

Respondent

Another (2nd Respondent)

Respondent

Procedural Posture

Civil / Interlocutory Application Ruling

Legal Issues

1 Whether the order dismissing the suit for non-appearance should be set aside
2 Whether the defendant should be granted further extension of time to file a counter-affidavit

Ratio Decidendi

Court Disposition

Application for extension of time refused; application to set aside dismissal to proceed to hearing.

Orders

Defendant's prayer for extension of time to file counter-affidavit refused.
Application to set aside dismissal to proceed to hearing.