20120716 TZHC Dar es Salaam

20120716 TZHC Dar es Salaam

The defendants' written statement of defence was filed out of time without leave of the court, making it invalid. Consequently, there can be no valid reply or counter-claim proceedings. The matter must proceed ex-parte against the defendants.

Citation
20120716 TZHC Dar es Salaam
Parties
Plaintiff: Easterners Company Limited; 1st Defendant: Michael Lupiana; 2nd Defendant: Saidi M. Makumuli
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 July 2012
Procedural Posture
Land Case / Ruling on Objections Regarding Late Filing of Pleadings
Outcome
Defendants' written statement of defence struck out as filed out of time without leave; matter to proceed ex-parte against defendants; no order as to costs.
Legal Topics
Extension of Time, Late Filing of Pleadings, Ex Parte Proceedings, Counter Claim Procedure
Source Language
English
Civil Procedure Land Law Extension of Time Late Filing of Pleadings Ex Parte Proceedings Counter Claim Procedure

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Parties

Easterners Company Limited

Plaintiff

Michael Lupiana

1st Defendant

Saidi M. Makumuli

2nd Defendant

Procedural Posture

Land Case / Ruling on Objections Regarding Late Filing of Pleadings

Legal Issues

  1. 1 Whether the defendants' written statement of defence filed out of time without leave should be struck out
  2. 2 Whether the plaintiff can file a reply to a written statement of defence that is itself out of time and improperly before the court
  3. 3 Whether the matter should proceed ex-parte against the defendants

Ratio Decidendi

The defendants' written statement of defence was filed out of time without leave of the court, making it invalid. Consequently, there can be no valid reply or counter-claim proceedings. The matter must proceed ex-parte against the defendants.

Court Disposition

Defendants' written statement of defence struck out as filed out of time without leave; matter to proceed ex-parte against defendants; no order as to costs.

Orders

  • Defendants' written statement of defence struck out
  • Matter to proceed ex-parte against defendants