equity bank t ltd another vs tsn oil t ltd 3 others 2022 tzhccomd 214 6 july 2022
Since the respondents do not object in principle to the filing of the additional documents, and in the interest of fairness, the applicants are ordered to avail the documents to the respondents' counsel by the end of the business day.
Source-derived case information.
- Citation
- equity bank t ltd another vs tsn oil t ltd 3 others 2022 tzhccomd 214 6 july 2022
- Parties
- Applicant: Equity Bank Tanzania Limited; Applicant: Equity Bank Kenya Limited; Respondent: TSN Oil (Tanzania) Limited; Respondent: TSN Supermarket Limited; Respondent: TSN Logistics Limited; Respondent: TSN Distributors Limited
- Court
- TZHCCOMD
- Jurisdiction
- Tanzania
- Judgment Date
- 6 July 2022
- Procedural Posture
- Miscellaneous Commercial Application / Ruling on Interlocutory Application for Filing Additional Documents
- Outcome
- Application granted
- Legal Topics
- Filing of Additional Documents, Affidavit Procedure, Right to Be Heard
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Equity Bank Tanzania Limited
Applicant
Equity Bank Kenya Limited
Applicant
TSN Oil (Tanzania) Limited
Respondent
TSN Supermarket Limited
Respondent
TSN Logistics Limited
Respondent
TSN Distributors Limited
Respondent
Procedural Posture
Miscellaneous Commercial Application / Ruling on Interlocutory Application for Filing Additional Documents
Legal Issues
- 1 Whether the applicants should be allowed to file additional documents not attached to the affidavit
- 2 Whether respondents should be given time to assess such documents
Ratio Decidendi
Since the respondents do not object in principle to the filing of the additional documents, and in the interest of fairness, the applicants are ordered to avail the documents to the respondents' counsel by the end of the business day.
Court Disposition
Application granted
Orders
- Applicants to avail the two documents mentioned in paragraph 11(a) and (b) of the affidavit of Ms. Isabela Maganga to the respondents' counsel by end of business on 6th July, 2022.
- Failure to avail the documents will result in their exclusion from the list.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF TANZANIA (COMMERCIAL DIVISION) AT DAR ES SALAAM MISC. COMMERCIAL APPL. NO. 104 OF 2022 (Originating from Commercial Case No. 25 of2021) EQUITY BANK TANZANIA LIMITED................. 1st APPLICANT EQUITY BANK KENYA LIMITED...................... 2ND APPLICANT VERSUS TSN OIL (TANZANIA) LIMITED................... 1st RESPONDENT TSN SUPERMARKET LIMITED..................... 2ndRESP0NDENT TSN LOGISTICS LIMITED............................ 3rd RESPONDENT TSN DISTRIBUTORS LIMITED................... 4th RESPONDENT Last Order: 27/06/2022 Date of Ruting’.06/07/2022 RULING NANGELA, J.,: This application has not been vigorously contested by the Respondents save for 2 documents which the Applicant mentioned in paragraph 11(a) and (b) of the affidavit of Ms. Isabela Maganga filed in support of the application. The documents were not attached to form part of the affidavit. As such the Respondent counsel Mr. Frank Mwalongo has contended that he has been deprived of the opportunity to assess the documents and form an opinion whether they are Page 1 to object them or not. Mr. Mwakingwe has offered to avail them to the Respondents' counsel holding that it was an over sight that they were unattached. While I agree with Mr. Mwalongo that he had a right to have prior time to assess the documents referred in Para 11(a) and (b) of the said affidavit, I find that, since in principle he does not object to the filing of the additional documents, I see no reason why I should decline to the prayer that he be availed with those two documents and have time to go through them prior to the hearing of this case. In the upshot I grant the application and order that the two documents mentioned in Para II (a) and (b) of the affidavit of Ms. Isabela Maganga be availed to the learned counsel for the Respondents by end of business today 6th July, 2022 failure of which the same shall be excluded from the list. The granting of the prayers in respect of the application is with no orders as to costs. 6th day of July, 2022 Page 2