20080818 TZHC Dar es Salaam

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

Citation: 20080818 TZHC Dar es Salaam
Parties: Plaintiff: Dr. Charles V.M. Mgana; 1st Defendant: Paritosh Palay; 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, Extension of Time
Source Language: English

Civil Procedure Speed Track System Preliminary Objection Case Management Extension of Time

Case Brief

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Parties

Dr. Charles V.M. Mgana

Plaintiff

Paritosh Palay

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 Whether the suit is incompetent to proceed for non-compliance with the Speed Track system 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 the Speed Track period; the failure to fix a Speed Track is attributable to the court, not the plaintiff.

Court Disposition

preliminary objection dismissed with costs

Orders

Hearing fixed for 19/9/2008
Counsel for 2nd and 3rd defendants to be notified