20121107 TZHC Dar es Salaam

20121107 TZHC Dar es Salaam

A suit cannot be struck out solely for exceeding the speed track period; the scheduling conference is intended to alert parties and the court to the need for expeditious trial, not to impose a strict time bar.

Citation
20121107 TZHC Dar es Salaam
Parties
Plaintiff: Hussein Omary Mwasa; 1st Defendant: Mohamed Amri Mwinyi; 2nd Defendant: The Registered Trustees of Masmd Omar Ibn Khattab
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
7 November 2012
Procedural Posture
Land Case / Ruling on Application to Strike Out Suit for Exceeding Speed Track
Outcome
Application to strike out suit dismissed; suit to proceed to full trial.
Legal Topics
Speed Track Procedure, Striking Out Suits, Scheduling Conference
Source Language
English
Civil Procedure Land Law Speed Track Procedure Striking Out Suits Scheduling Conference

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Hussein Omary Mwasa

Plaintiff

Mohamed Amri Mwinyi

1st Defendant

The Registered Trustees of Masmd Omar Ibn Khattab

2nd Defendant

Procedural Posture

Land Case / Ruling on Application to Strike Out Suit for Exceeding Speed Track

Legal Issues

  1. 1 Whether a suit should be struck out for exceeding the prescribed speed track period without an application for extension

Ratio Decidendi

A suit cannot be struck out solely for exceeding the speed track period; the scheduling conference is intended to alert parties and the court to the need for expeditious trial, not to impose a strict time bar.

Court Disposition

Application to strike out suit dismissed; suit to proceed to full trial.

Orders

  • Suit to continue with full trial as scheduled.
  • No order as to costs.