baco ayoub trading company ltd vs permanent secretary ministry of defence and national service 2 others 2022 tzhccomd 300 21 september 2022

baco ayoub trading company ltd vs permanent secretary ministry of defence and national service 2 others 2022 tzhccomd 300 21 september 2022

The Plaintiff demonstrated sufficient cause for late production of documents as they were generated in compliance with a prior court order and were known to the Defendants, thus satisfying Order XIII Rule 2 CPC.

Citation
baco ayoub trading company ltd vs permanent secretary ministry of defence and national service 2 others 2022 tzhccomd 300 21 september 2022
Parties
Plaintiff: Baco and Ayub Trading Company Ltd; 1st Defendant: Permanent Secretary, Ministry of Defence & National Service; 2nd Defendant: Chief of Defence Forces, TPDF HQ; 3rd Defendant: The Hon. Attorney General
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
21 September 2022
Procedural Posture
Commercial Case / Interlocutory Ruling on Objection
Outcome
Objection overruled; Plaintiff allowed to file documents.
Legal Topics
Late Filing of Documents, Admissibility of Evidence, Order XIII Rule 2 CPC
Source Language
English
Civil Procedure Evidence Late Filing of Documents Admissibility of Evidence Order XIII Rule 2 CPC

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Parties

Baco and Ayub Trading Company Ltd

Plaintiff

Permanent Secretary, Ministry of Defence & National Service

1st Defendant

Chief of Defence Forces, TPDF HQ

2nd Defendant

The Hon. Attorney General

3rd Defendant

Procedural Posture

Commercial Case / Interlocutory Ruling on Objection

Legal Issues

  1. 1 Whether the Plaintiff should be allowed to file documents not produced at the first hearing under Order XIII Rule 2 of the Civil Procedure Code

Ratio Decidendi

The Plaintiff demonstrated sufficient cause for late production of documents as they were generated in compliance with a prior court order and were known to the Defendants, thus satisfying Order XIII Rule 2 CPC.

Court Disposition

Objection overruled; Plaintiff allowed to file documents.

Orders

  • Plaintiff is permitted to file the documents in court.