rubya investment ltd 2 others vs t breweries co ltd 2012 tzhccomd 26 21 june 2012

rubya investment ltd 2 others vs t breweries co ltd 2012 tzhccomd 26 21 june 2012

No good cause was shown for the late production of the pay-in slip. The applicants failed to provide sufficient justification for not producing the document earlier, and the reason of misplacement was not substantiated. Allowing the document at this stage would prejudice the respondent and protract litigation. The application is dismissed.

Citation
rubya investment ltd 2 others vs t breweries co ltd 2012 tzhccomd 26 21 june 2012
Parties
Applicant/defendant: Rubya Investment Limited; Applicant/defendant: Frolian Fulgence Rweikiza; Applicant/defendant: Rosemary Antipas Rweikiza; Respondent/plaintiff: Tanzania Breweries Co. Ltd.
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
21 June 2012
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application to Admit Additional Documentary Evidence After Close of Plaintiff's Case
Outcome
Application dismissed
Legal Topics
Production of Evidence, Late Filing of Documents, Court Discretion, Good Cause Requirement
Source Language
English
Civil Procedure Production of Evidence Late Filing of Documents Court Discretion Good Cause Requirement

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Parties

Rubya Investment Limited

Applicant/defendant

Frolian Fulgence Rweikiza

Applicant/defendant

Rosemary Antipas Rweikiza

Applicant/defendant

Tanzania Breweries Co. Ltd.

Respondent/plaintiff

Procedural Posture

Miscellaneous Commercial Application / Ruling on Application to Admit Additional Documentary Evidence After Close of Plaintiff's Case

Legal Issues

  1. 1 Whether the applicants should be allowed to produce a pay-in slip as documentary evidence after the close of the plaintiff's case
  2. 2 Whether good cause has been shown for late production of the document

Ratio Decidendi

No good cause was shown for the late production of the pay-in slip. The applicants failed to provide sufficient justification for not producing the document earlier, and the reason of misplacement was not substantiated. Allowing the document at this stage would prejudice the respondent and protract litigation. The application is dismissed.

Court Disposition

Application dismissed

Orders

  • Application by the applicants is dismissed
  • Costs to be costs in the course