stanbic bank t ltd vs west kilimanjaro flower park ltd 2 others 2007 tzhccomd 70 3 november 2007

stanbic bank t ltd vs west kilimanjaro flower park ltd 2 others 2007 tzhccomd 70 3 november 2007

The court lacks power to grant a further extension of time to file a Written Statement of Defence after the expiry of the first extension, as the Civil Procedure Code and its amendments prescribe a strict time frame and do not permit a second extension. Even if the court had such power, the reasons advanced by the applicants are insufficient and unconvincing.

Citation
stanbic bank t ltd vs west kilimanjaro flower park ltd 2 others 2007 tzhccomd 70 3 november 2007
Parties
Plaintiff/respondent: Stanbic Bank Tanzania Limited; 1st Defendant/applicant: West Kilimanjaro Flower Park Limited; 2nd Defendant/applicant: Felix Gamaliel Mosha; 3rd Defendant/applicant: Mrs. Felix Mosha (Anna Mosha)
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
3 November 2007
Procedural Posture
Application for Enlargement of Time to File Written Statement of Defence / Ruling on Application for Extension of Time
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Written Statement of Defence, Limitation of Actions
Source Language
English
Civil Procedure Extension of Time Written Statement of Defence Limitation of Actions

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Parties

Stanbic Bank Tanzania Limited

Plaintiff/respondent

West Kilimanjaro Flower Park Limited

1st Defendant/applicant

Felix Gamaliel Mosha

2nd Defendant/applicant

Mrs. Felix Mosha (Anna Mosha)

3rd Defendant/applicant

Procedural Posture

Application for Enlargement of Time to File Written Statement of Defence / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the court has power to grant a second extension of time to file a Written Statement of Defence after expiry of the first extension
  2. 2 Whether the reasons advanced by the applicants justify further extension

Ratio Decidendi

The court lacks power to grant a further extension of time to file a Written Statement of Defence after the expiry of the first extension, as the Civil Procedure Code and its amendments prescribe a strict time frame and do not permit a second extension. Even if the court had such power, the reasons advanced by the applicants are insufficient and unconvincing.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time to file Written Statement of Defence is dismissed with costs
  • Supplementary affidavit filed without leave is expunged from the record