barclays bank ltd vs samweli mchele chitalilo ta oceanic general distributors 2011 tzhccomd 2075 25 february 2011

barclays bank ltd vs samweli mchele chitalilo ta oceanic general distributors 2011 tzhccomd 2075 25 february 2011

The defendant, having been served personally and failing to file a written statement of defence or apply for extension within the statutory period, is not entitled to extension of time; the court's discretion is limited by law and cannot be exercised outside the prescribed period.

Citation
barclays bank ltd vs samweli mchele chitalilo ta oceanic general distributors 2011 tzhccomd 2075 25 february 2011
Parties
Plaintiff/applicant: Barclays Bank Limited; Defendant/respondent: Samweli Mchele Chitalilo t/a Oceanic General Distributors
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
25 February 2011
Procedural Posture
Commercial Case / Ruling on Application for Extension of Time to File Written Statement of Defence
Outcome
Application for extension of time refused; proceedings to continue ex-parte against the defendant.
Legal Topics
Extension of Time, Written Statement of Defence, Ex Parte Proceedings, Service of Summons
Source Language
English
Civil Procedure Banking Law Extension of Time Written Statement of Defence Ex Parte Proceedings Service of Summons

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Parties

Barclays Bank Limited

Plaintiff/applicant

Samweli Mchele Chitalilo t/a Oceanic General Distributors

Defendant/respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the defendant is entitled to extension of time to file a written statement of defence after expiry of statutory period

Ratio Decidendi

The defendant, having been served personally and failing to file a written statement of defence or apply for extension within the statutory period, is not entitled to extension of time; the court's discretion is limited by law and cannot be exercised outside the prescribed period.

Court Disposition

Application for extension of time refused; proceedings to continue ex-parte against the defendant.

Orders

  • No extension of time to file written statement of defence is granted to the defendant.
  • Proceedings shall proceed ex-parte in terms of sub-rule (1)(a)(i) of Rule 6 of the Civil Procedure Code [Cap 33 RE 2002].