20160322 TZCA Dar es Salaam1

20160322 TZCA Dar es Salaam1

Respondents did not comply with the requirement to file reply submissions under rule 106(10); the court found no material to exercise discretion to proceed inter partes and ordered the application to proceed ex parte.

Citation
20160322 TZCA Dar es Salaam1
Parties
Applicant: Tanzania Uniforms and Clothing Corporation Limited; Respondent: Nirmal t/a Bhogal Metal Engineer; Respondent: Sitel Singh
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
22 March 2016
Procedural Posture
Criminal Application / Ruling on Preliminary Procedural Issue in Application for Extension of Time to Institute Revision
Outcome
Application to proceed ex parte granted due to respondents' failure to file reply submissions.
Legal Topics
Extension of Time, Written Submissions, Ex Parte Proceedings, Court Discretion
Source Language
English
Civil Procedure Appellate Practice Extension of Time Written Submissions Ex Parte Proceedings Court Discretion

Case Brief

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Parties

Tanzania Uniforms and Clothing Corporation Limited

Applicant

Nirmal t/a Bhogal Metal Engineer

Respondent

Sitel Singh

Respondent

Procedural Posture

Criminal Application / Ruling on Preliminary Procedural Issue in Application for Extension of Time to Institute Revision

Legal Issues

  1. 1 Whether respondents complied with the requirement to file reply submissions under rule 106(10) of the Tanzania Court of Appeal Rules, 2009
  2. 2 Whether the application should proceed ex parte due to respondents' failure to file reply submissions

Ratio Decidendi

Respondents did not comply with the requirement to file reply submissions under rule 106(10); the court found no material to exercise discretion to proceed inter partes and ordered the application to proceed ex parte.

Court Disposition

Application to proceed ex parte granted due to respondents' failure to file reply submissions.

Orders

  • Application shall proceed ex parte under rule 106(10) of the Rules.
  • Costs shall abide the outcome of the application.