20160630 TZHC Dar es Salaam

20160630 TZHC Dar es Salaam

9th December 2015 was not a public holiday but a working day by virtue of Government Notice No. 537 of 2015. The amended plaint filed on 10th December 2015 was out of time and, without leave of court, must be expunged from the record.

Citation
20160630 TZHC Dar es Salaam
Parties
Plaintiff: EFAM Limited; Defendant: Fatma M. Rweyemamu
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 June 2016
Procedural Posture
Commercial Case / Ruling on Timeliness of Amended Plaint
Outcome
Amended plaint expunged from the record for being filed out of time.
Legal Topics
Computation of Time, Public Holidays, Amendment of Pleadings, Extension of Time
Source Language
English
Civil Procedure Computation of Time Public Holidays Amendment of Pleadings Extension of Time

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Parties

EFAM Limited

Plaintiff

Fatma M. Rweyemamu

Defendant

Procedural Posture

Commercial Case / Ruling on Timeliness of Amended Plaint

Legal Issues

  1. 1 Whether the amended plaint was filed within the time ordered by the court
  2. 2 Whether 9th December 2015 was a public holiday or a working day for purposes of computation of time

Ratio Decidendi

9th December 2015 was not a public holiday but a working day by virtue of Government Notice No. 537 of 2015. The amended plaint filed on 10th December 2015 was out of time and, without leave of court, must be expunged from the record.

Court Disposition

Amended plaint expunged from the record for being filed out of time.

Orders

  • Amended plaint expunged from the record.
  • No order as to costs.