charles vm mgana vs paritosh palav others 2008 tzhc 221 18 august 2008

charles vm mgana vs paritosh palav others 2008 tzhc 221 18 august 2008

As no Speed Track was ever fixed by the Court, the plaintiff cannot be penalized for non-compliance, and the suit cannot be struck out on that ground; the preliminary objection is dismissed with costs.

Citation
charles vm mgana vs paritosh palav others 2008 tzhc 221 18 august 2008
Parties
Plaintiff: Dr. Charles V.M. Mgana; 1st Defendant: Paritosh Palav; 2nd Defendant: Editor The Express; 3rd Defendant: Media Holding (T) Ltd; 4th Defendant: National Newspapers Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 August 2008
Procedural Posture
Civil / Ruling on Preliminary Objection
Outcome
preliminary objection dismissed with costs
Legal Topics
Speed Track System, Preliminary Objection, Case Management
Source Language
English
Civil Procedure Speed Track System Preliminary Objection Case Management

Case Brief

Summary, issues, holding and outcome

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Parties

Dr. Charles V.M. Mgana

Plaintiff

Paritosh Palav

1st Defendant

Editor The Express

2nd Defendant

Media Holding (T) Ltd

3rd Defendant

National Newspapers Ltd

4th Defendant

Procedural Posture

Civil / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the suit is incompetent to proceed for non-compliance with the Speed Track provisions under Order VIIIA Rule 3(1) of the Civil Procedure Code

Ratio Decidendi

As no Speed Track was ever fixed by the Court, the plaintiff cannot be penalized for non-compliance, and the suit cannot be struck out on that ground; the preliminary objection is dismissed with costs.

Court Disposition

preliminary objection dismissed with costs

Orders

  • Hearing fixed for 19/9/2008; counsel for 2nd and 3rd defendants and assessors to be notified.