dynamic drillers ltd vs michael mjumbe another 2009 tzhc 236 24 september 2009

dynamic drillers ltd vs michael mjumbe another 2009 tzhc 236 24 september 2009

The court refused to grant further extension of time to the defendant for filing a counter-affidavit, holding that repeated delays were not in the interest of justice. The application to set aside the dismissal was not granted at this stage; the matter was set for hearing.

Citation
dynamic drillers ltd vs michael mjumbe another 2009 tzhc 236 24 september 2009
Parties
Plaintiff: Dynamic Drillers Ltd; Defendant: Michael Mjumbe; Defendant: Another (2nd Defendant)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 September 2009
Procedural Posture
Civil / Interlocutory Application Ruling
Outcome
Application for extension of time refused; application to set aside dismissal to proceed to hearing.
Legal Topics
Dismissal for Non Appearance, Setting Aside Ex Parte Orders, Affidavit Procedure, Extension of Time
Source Language
English
Civil Procedure Dismissal for Non Appearance Setting Aside Ex Parte Orders Affidavit Procedure Extension of Time

Case Brief

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Parties

Dynamic Drillers Ltd

Plaintiff

Michael Mjumbe

Defendant

Another (2nd Defendant)

Defendant

Procedural Posture

Civil / Interlocutory Application Ruling

Legal Issues

  1. 1 Whether the order dismissing the suit for non-appearance should be set aside
  2. 2 Whether the defendant should be granted further extension of time to file a counter-affidavit

Ratio Decidendi

The court refused to grant further extension of time to the defendant for filing a counter-affidavit, holding that repeated delays were not in the interest of justice. The application to set aside the dismissal was not granted at this stage; the matter was set for hearing.

Court Disposition

Application for extension of time refused; application to set aside dismissal to proceed to hearing.

Orders

  • Defendant's prayer for extension of time to file counter-affidavit refused.
  • Application to set aside dismissal to proceed to hearing on 27/11/09.