mwaitenda ahobokile michael vs interchick company ltd 2016 tzca 2055 13 december 2016

mwaitenda ahobokile michael vs interchick company ltd 2016 tzca 2055 13 december 2016

Failure to file written submissions within time due to counsel's illness constitutes exceptional circumstances justifying extension and waiver under Rule 106(19); misdescription of parties in the notice of motion did not prejudice the respondent and is curable by amendment under Rule 4(2).

Citation
mwaitenda ahobokile michael vs interchick company ltd 2016 tzca 2055 13 december 2016
Parties
Applicant/respondent: Mwaitenda Ahobokile Michael; Respondent/applicant: Interchick Company Ltd
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
13 December 2016
Procedural Posture
Civil Application / Ruling on Preliminary Objections in Application for Extension of Time
Outcome
Preliminary objections dismissed; application allowed to proceed with amendments and extension of time.
Legal Topics
Extension of Time, Written Submissions, Procedural Irregularities, Misdescription of Parties, Judicial Discretion
Source Language
English
Civil Procedure Extension of Time Written Submissions Procedural Irregularities Misdescription of Parties Judicial Discretion

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Parties

Mwaitenda Ahobokile Michael

Applicant/respondent

Interchick Company Ltd

Respondent/applicant

Procedural Posture

Civil Application / Ruling on Preliminary Objections in Application for Extension of Time

Legal Issues

  1. 1 Whether failure to file written submissions within time due to illness warrants extension under Rule 106(19) of the Court of Appeal Rules, 2009
  2. 2 Whether misdescription of parties in the notice of motion renders the application incompetent

Ratio Decidendi

Failure to file written submissions within time due to counsel's illness constitutes exceptional circumstances justifying extension and waiver under Rule 106(19); misdescription of parties in the notice of motion did not prejudice the respondent and is curable by amendment under Rule 4(2).

Court Disposition

Preliminary objections dismissed; application allowed to proceed with amendments and extension of time.

Orders

  • Applicant to amend the Notice of Motion within fourteen days.
  • Applicant granted thirty days to file written submissions from the date of the ruling.