20160927 TZHC Dar es Salaam

20160927 TZHC Dar es Salaam

The court found that, due to adjournments caused by the court and defendants, and the preliminary objection raised after the scheduling order, it was in the interest of justice to depart from the expired scheduling order and extend the speed track period for 12 months from the date of the ruling.

Citation
20160927 TZHC Dar es Salaam
Parties
Plaintiff: Ali Mufuruki; Plaintiff: Nicholas Simingwa; Plaintiff: Nada Margwe; Plaintiff: David Shambwe; Defendant: Victor Kimesera; Defendant: Erard Mutalemwa; Defendant: Adam Ngamilo; Defendant: Jackson Mwaikinda
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 September 2016
Procedural Posture
Civil / Ruling on Scheduling Order and Speed Track Expiry
Outcome
speed track period extended for 12 months from date of ruling
Legal Topics
Scheduling Order, Speed Track, Extension of Time, Preliminary Objection
Source Language
English
Civil Procedure Scheduling Order Speed Track Extension of Time Preliminary Objection

Case Brief

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Parties

Ali Mufuruki

Plaintiff

Nicholas Simingwa

Plaintiff

Nada Margwe

Plaintiff

David Shambwe

Plaintiff

Victor Kimesera

Defendant

Erard Mutalemwa

Defendant

Adam Ngamilo

Defendant

Jackson Mwaikinda

Defendant

Procedural Posture

Civil / Ruling on Scheduling Order and Speed Track Expiry

Legal Issues

  1. 1 Whether the suit should be struck out due to expiry of the speed track period without extension or departure from the scheduling order
  2. 2 Whether circumstances justify departure from the scheduling order in the interest of justice

Ratio Decidendi

The court found that, due to adjournments caused by the court and defendants, and the preliminary objection raised after the scheduling order, it was in the interest of justice to depart from the expired scheduling order and extend the speed track period for 12 months from the date of the ruling.

Court Disposition

speed track period extended for 12 months from date of ruling

Orders

  • Scheduling order departed from in the interest of justice
  • Speed track period extended for 12 months from 27/9/2016