20110218 TZCA Arusha

20110218 TZCA Arusha

The applicants' claim that the first respondent failed to file written submissions is unfounded, as evidence shows timely filing. The application to proceed ex parte is without merit and is dismissed.

Citation
20110218 TZCA Arusha
Parties
Applicant: Abdallah Mohamed and 71 others; Respondent: Supa Food Corporation Ltd; Respondent: John Misana, Receiver Manager, Tanzania Food Corporation
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
18 February 2011
Procedural Posture
Civil Application / Ruling on Application to Proceed Ex Parte
Outcome
Application dismissed with costs
Legal Topics
Ex Parte Proceedings, Filing of Written Submissions, Change of Advocates
Source Language
English
Civil Procedure Ex Parte Proceedings Filing of Written Submissions Change of Advocates

Case Brief

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Parties

Abdallah Mohamed and 71 others

Applicant

Supa Food Corporation Ltd

Respondent

John Misana, Receiver Manager, Tanzania Food Corporation

Respondent

Procedural Posture

Civil Application / Ruling on Application to Proceed Ex Parte

Legal Issues

  1. 1 Whether the respondents failed to file written submissions within the prescribed time
  2. 2 Whether the appeal should be determined ex parte due to alleged non-compliance
  3. 3 Whether the validity of the Notice of Change of Advocates is at issue

Ratio Decidendi

The applicants' claim that the first respondent failed to file written submissions is unfounded, as evidence shows timely filing. The application to proceed ex parte is without merit and is dismissed.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed
  • Costs awarded to respondents