charles vm mgana vs paritosh palav another 2008 tzhc 235 18 august 2008

charles vm mgana vs paritosh palav another 2008 tzhc 235 18 august 2008

As no Speed Track was ever fixed by the court, the suit cannot be struck out for expiry of Speed Track period; the failure to fix a Speed Track is attributable to the court, not the plaintiff.

Citation
charles vm mgana vs paritosh palav another 2008 tzhc 235 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
Legal Topics
Speed Track System, Case Management, Preliminary Objection
Source Language
English
Civil Procedure Speed Track System Case Management Preliminary Objection

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 Speed Track requirements under Order VIIIA Rule 3(1) of the Civil Procedure Code

Ratio Decidendi

As no Speed Track was ever fixed by the court, the suit cannot be struck out for expiry of Speed Track period; the failure to fix a Speed Track is attributable to the court, not the plaintiff.

Court Disposition

preliminary objection dismissed

Orders

  • Preliminary objection by 2nd and 3rd defendants dismissed with costs.
  • Hearing fixed for 19/9/2008; parties and assessors to be notified.