20121010 TZHC Dar es Salaam

20121010 TZHC Dar es Salaam

Preliminary objection was raised after leave to file defence was granted by the court without objection; both defence and reply were filed within court-ordered time; objection is an afterthought and has been overtaken by events; denying plaintiff's defence would amount to denial of justice.

Source-derived case information.

Citation
20121010 TZHC Dar es Salaam
Parties
Applicant: Dar es Salaam Cement Company Ltd; 1st Respondent: Mr. Pardeep Singh Hans; 2nd Respondent: Exim Bank (Tanzania) Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 October 2012
Procedural Posture
Civil / Ruling on Preliminary Objection
Outcome
preliminary objection overruled with costs
Legal Topics
Extension of Time, Filing of Written Statement of Defence, Preliminary Objection
Source Language
english
Civil Procedure Extension of Time Filing of Written Statement of Defence Preliminary Objection

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Parties

Dar es Salaam Cement Company Ltd

Applicant

Mr. Pardeep Singh Hans

1st Respondent

Exim Bank (Tanzania) Limited

2nd Respondent

Procedural Posture

Civil / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the plaintiff's written statement of defence to the 2nd defendant's counter-claim should be expunged for being filed out of time and without timely leave

Ratio Decidendi

Preliminary objection was raised after leave to file defence was granted by the court without objection; both defence and reply were filed within court-ordered time; objection is an afterthought and has been overtaken by events; denying plaintiff's defence would amount to denial of justice.

Court Disposition

preliminary objection overruled with costs

Orders

  • First pre-trial conference scheduled for 15/10/2012