mantrac t ltd vs game frontiers of t ltd another 2018 tzhccomd 92 10 july 2018

mantrac t ltd vs game frontiers of t ltd another 2018 tzhccomd 92 10 july 2018

Absence of intended witnesses who are principal officers constitutes good cause for extension of time; period of court vacation is to be excluded in computing time for filing defence, and the application was filed before expiry of the prescribed period.

Citation
mantrac t ltd vs game frontiers of t ltd another 2018 tzhccomd 92 10 july 2018
Parties
Applicant/defendant: Mantrac Tanzania Limited; 1st Respondent/plaintiff: Game Frontiers of Tanzania Ltd; 2nd Respondent/plaintiff: Tanganyika Wildlife Safari Ltd
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
10 July 2018
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application for Extension of Time to File Written Statement of Defence
Outcome
Application allowed
Legal Topics
Extension of Time, Filing of Defence, Court Vacation, Good Cause for Delay
Source Language
English
Civil Procedure Extension of Time Filing of Defence Court Vacation Good Cause for Delay

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Parties

Mantrac Tanzania Limited

Applicant/defendant

Game Frontiers of Tanzania Ltd

1st Respondent/plaintiff

Tanganyika Wildlife Safari Ltd

2nd Respondent/plaintiff

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has shown good cause for extension of time to file written statement of defence
  2. 2 Whether the period of court vacation should be excluded in computing time for filing defence

Ratio Decidendi

Absence of intended witnesses who are principal officers constitutes good cause for extension of time; period of court vacation is to be excluded in computing time for filing defence, and the application was filed before expiry of the prescribed period.

Court Disposition

Application allowed

Orders

  • Applicant to file written statement of defence within seven days from the date of this ruling