T AZIMIO CONSTRUCTION CO LTD VS CRDB BANK LTD MISC

T AZIMIO CONSTRUCTION CO LTD VS CRDB BANK LTD MISC

The applicant failed to show sufficient cause for extension of time to file witness statements. The reasons advanced—awaiting framing of issues and distance—are not valid grounds. The witness statements were filed out of time without leave of court and are expunged. Failure to file witness statements within the prescribed period is fatal and warrants dismissal of the suit for want of prosecution.

Citation
T AZIMIO CONSTRUCTION CO LTD VS CRDB BANK LTD MISC
Parties
Plaintiff/applicant: Tanzania Azimio Construction Co. Ltd; Defendant/respondent: CRDB Bank Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2014
Procedural Posture
Miscellaneous Commercial Cause / Ruling on Application for Extension of Time to File Witness Statement
Outcome
Application for extension of time dismissed with costs; suit dismissed with costs; counter claim to proceed ex parte upon formal application.
Legal Topics
Extension of Time, Witness Statements, Dismissal for Want of Prosecution, Pre Trial Procedure
Source Language
English
Civil Procedure Commercial Law Extension of Time Witness Statements Dismissal for Want of Prosecution Pre Trial Procedure

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Parties

Tanzania Azimio Construction Co. Ltd

Plaintiff/applicant

CRDB Bank Limited

Defendant/respondent

Procedural Posture

Miscellaneous Commercial Cause / Ruling on Application for Extension of Time to File Witness Statement

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file witness statement
  2. 2 Whether failure to file witness statement warrants dismissal of the suit

Ratio Decidendi

The applicant failed to show sufficient cause for extension of time to file witness statements. The reasons advanced—awaiting framing of issues and distance—are not valid grounds. The witness statements were filed out of time without leave of court and are expunged. Failure to file witness statements within the prescribed period is fatal and warrants dismissal of the suit for want of prosecution.

Court Disposition

Application for extension of time dismissed with costs; suit dismissed with costs; counter claim to proceed ex parte upon formal application.

Orders

  • Application for extension of time to file witness statement is dismissed with costs.
  • Suit (Commercial Case No. 120 of 2013) is dismissed with costs for want of witness statements to prosecute the case.