abrashid company limited vs mwanga district council another 2023 tzhc 15642 27 february 2023

The list of additional documents was filed after the commencement of hearing without leave of the court, contrary to the Civil Procedure Code and the scheduling order; therefore, it must be expunged.

Citation: abrashid company limited vs mwanga district council another 2023 tzhc 15642 27 february 2023
Parties: Plaintiff: Abrashid Company Limited; 1st Defendant: Mwanga District Council; 2nd Defendant: The Attorney General
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 27 February 2023
Procedural Posture: Civil / Ruling on Preliminary Objection
Outcome: Objection sustained
Legal Topics: Filing of Additional Documents, Scheduling Order, Leave of Court, Documentary Evidence
Source Language: English

Civil Procedure Filing of Additional Documents Scheduling Order Leave of Court Documentary Evidence

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Parties

Abrashid Company Limited

Plaintiff

Mwanga District Council

1st Defendant

The Attorney General

2nd Defendant

Procedural Posture

Civil / Ruling on Preliminary Objection

Legal Issues

1 Whether the plaintiff's list of additional documents filed after commencement of hearing without leave of court is valid
2 Whether the list of additional documents contravenes the scheduling order and relevant provisions of the Civil Procedure Code

Ratio Decidendi

The list of additional documents was filed after the commencement of hearing without leave of the court, contrary to the Civil Procedure Code and the scheduling order; therefore, it must be expunged.

Court Disposition

Objection sustained

Orders

The list of additional documents filed by the plaintiff is expunged forthwith.
No order as to costs.