friscan group t group vs said msangi 2018 tzhccomd 19 2 february 2018

The Court has inherent powers under Rule 4 of the High Court (Commercial Division) Procedure Rules and Section 95 of the Civil Procedure Act to extend the lifespan of a commercial case beyond the prescribed period in the interest of substantial justice, even if Rule 32 is silent on subsequent applications.

Citation: friscan group t group vs said msangi 2018 tzhccomd 19 2 february 2018
Parties: Applicant: Afriscan Group (T) Ltd; Respondent: Said Msangi
Court: TZHCCOMD
Jurisdiction: Tanzania
Judgment Date: 2 February 2018
Procedural Posture: Miscellaneous Commercial Application / Ruling on Points of Law and Extension of Time
Outcome: Application granted
Legal Topics: Extension of Time, Scheduling Order Amendment, Jurisdiction, Speedy Trial Policy
Source Language: English

Civil Procedure Commercial Law Extension of Time Scheduling Order Amendment Jurisdiction Speedy Trial Policy

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 1

Parties

Afriscan Group (T) Ltd

Applicant

Said Msangi

Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Points of Law and Extension of Time

Legal Issues

1 Whether the Court has jurisdiction to entertain the application after expiry of prescribed period
2 Whether Rule 32(3) of the High Court (Commercial Division) Procedure Rules is the appropriate provision for extension
3 Whether subsequent extensions beyond the prescribed period are permissible

Ratio Decidendi

Court Disposition

Application granted

Orders

Lifespan of Commercial Case No. 87 of 2013 extended by five months from 4th November, 2017
Costs to abide the main suit