20110629 TZHC Dar es Salaam

20110629 TZHC Dar es Salaam

The Court lacks jurisdiction to extend time for filing Written Statement of Defence after expiry of the statutory period unless very strong grounds exist, such as illegality. Negligence by the Defendant and its officers does not justify departure from the general rule.

Citation
20110629 TZHC Dar es Salaam
Parties
Plaintiff: Umoja wa Wakulima Wadogo Bonde la Kisere; Defendant: Noble Motors Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 June 2011
Procedural Posture
Civil / Ruling on Application for Extension of Time to File Written Statement of Defence
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Written Statement of Defence, Court Discretion, Civil Procedure Code
Source Language
English
Civil Procedure Extension of Time Written Statement of Defence Court Discretion Civil Procedure Code

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Parties

Umoja wa Wakulima Wadogo Bonde la Kisere

Plaintiff

Noble Motors Ltd

Defendant

Procedural Posture

Civil / Ruling on Application for Extension of Time to File Written Statement of Defence

Legal Issues

  1. 1 Whether the Court has jurisdiction to extend time for filing Written Statement of Defence after statutory period has expired
  2. 2 Whether the reasons advanced justify extension of time

Ratio Decidendi

The Court lacks jurisdiction to extend time for filing Written Statement of Defence after expiry of the statutory period unless very strong grounds exist, such as illegality. Negligence by the Defendant and its officers does not justify departure from the general rule.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time to file Written Statement of Defence is dismissed
  • Defendant to pay costs