afrinext limited and 2 others vs petra larson and another 2021 tzhccomd 3397 1 november 2021

afrinext limited and 2 others vs petra larson and another 2021 tzhccomd 3397 1 november 2021

Application dismissed for want of sufficient cause; applicants were in possession of the evidence prior to filing their defence and witness statements, and failed to demonstrate due diligence or inability to produce earlier.

Citation
afrinext limited and 2 others vs petra larson and another 2021 tzhccomd 3397 1 november 2021
Parties
Applicant: Afrinext Limited; Applicant: Chandresh Bavadiya; Applicant: Anna Kaisa Kahkola; Respondent: Petra Larson; Respondent: Jabari Investment Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
1 November 2021
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application for Enlargement of Time
Outcome
Application dismissed with costs
Legal Topics
Enlargement of Time, Supplementary Witness Statement, Scheduling Order, Departure From Pleadings
Source Language
English
Civil Procedure Commercial Law Enlargement of Time Supplementary Witness Statement Scheduling Order Departure From Pleadings

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Parties

Afrinext Limited

Applicant

Chandresh Bavadiya

Applicant

Anna Kaisa Kahkola

Applicant

Petra Larson

Respondent

Jabari Investment Limited

Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Application for Enlargement of Time

Legal Issues

  1. 1 Whether sufficient cause exists to allow enlargement of time for filing supplementary witness statement
  2. 2 Whether departure from scheduling order is justified

Ratio Decidendi

Application dismissed for want of sufficient cause; applicants were in possession of the evidence prior to filing their defence and witness statements, and failed to demonstrate due diligence or inability to produce earlier.

Court Disposition

Application dismissed with costs

Orders

  • Application for enlargement of time refused
  • Applicants to pay costs