easterness company limited vs michael lupiana and another 2012 tzhclandd 115 16 july 2012

easterness company limited vs michael lupiana and another 2012 tzhclandd 115 16 july 2012

Written statement of defence was filed out of time without leave; therefore, it is invalid and cannot be considered. The matter is to proceed ex-parte against the defendants.

Source-derived case information.

Citation
easterness company limited vs michael lupiana and another 2012 tzhclandd 115 16 july 2012
Parties
Plaintiff: Easternesrs Company Limited; 1st Defendant: Michael Lupiana; 2nd Defendant: Saidi M. Makumuli
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
16 July 2012
Procedural Posture
Land Case / Ruling on Procedural Objections and Ex Parte Order
Outcome
written statement of defence struck out; matter to proceed ex-parte
Legal Topics
Late Filing of Pleadings, Extension of Time, Ex Parte Proceedings, Counter Claim Procedure
Source Language
english
Civil Procedure Land Law Late Filing of Pleadings Extension of Time Ex Parte Proceedings Counter Claim Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Easternesrs Company Limited

Plaintiff

Michael Lupiana

1st Defendant

Saidi M. Makumuli

2nd Defendant

Procedural Posture

Land Case / Ruling on Procedural Objections and Ex Parte Order

Legal Issues

  1. 1 Whether the written statement of defence filed by the defendants was out of time and valid
  2. 2 Whether leave was required and sought for late filing
  3. 3 Whether the plaintiff could validly reply to the written statement of defence and counter-claim

Ratio Decidendi

Written statement of defence was filed out of time without leave; therefore, it is invalid and cannot be considered. The matter is to proceed ex-parte against the defendants.

Court Disposition

written statement of defence struck out; matter to proceed ex-parte

Orders

  • Matter to proceed ex-parte against defendants
  • No order as to costs