BRIDGEWAYS LOGISTICS LTD VS TRIPPLE A HAULIERS LTD MISC

BRIDGEWAYS LOGISTICS LTD VS TRIPPLE A HAULIERS LTD MISC

The applicant's action in filing an intervening application contrary to court directions was a deliberate delay of justice, and no sufficient cause was shown to set aside the order striking out the main case. The application lacked merit and was dismissed with costs.

Citation
BRIDGEWAYS LOGISTICS LTD VS TRIPPLE A HAULIERS LTD MISC
Parties
Applicant/plaintiff: Bridgeways Logistics Limited; Respondent/defendant: Tripple 'A' Hauliers Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2018
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application to Set Aside Order Striking Out Main Case
Outcome
Application dismissed with costs
Legal Topics
Setting Aside Court Orders, Pre Trial Conference Directions, Right to Be Heard, Sanctions for Non Compliance
Source Language
English
Civil Procedure Commercial Law Setting Aside Court Orders Pre Trial Conference Directions Right to Be Heard Sanctions for Non Compliance

Case Brief

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Parties

Bridgeways Logistics Limited

Applicant/plaintiff

Tripple 'A' Hauliers Limited

Respondent/defendant

Procedural Posture

Miscellaneous Commercial Application / Ruling on Application to Set Aside Order Striking Out Main Case

Legal Issues

  1. 1 Whether the court should set aside its order striking out the main case for contravention of pre-trial directions
  2. 2 Whether the applicant's actions constituted a deliberate delay of justice

Ratio Decidendi

The applicant's action in filing an intervening application contrary to court directions was a deliberate delay of justice, and no sufficient cause was shown to set aside the order striking out the main case. The application lacked merit and was dismissed with costs.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed
  • Applicant to pay costs