fbme bank limited vs lupembe tea estate co ltd others 2015 tzhc 2032 13 march 2015

fbme bank limited vs lupembe tea estate co ltd others 2015 tzhc 2032 13 march 2015

The suit is struck out because the speed track period expired long ago, no application for extension or amendment was made within the prescribed time, and the court therefore lacks jurisdiction to entertain the matter.

Citation
fbme bank limited vs lupembe tea estate co ltd others 2015 tzhc 2032 13 march 2015
Parties
Plaintiff: FBME Bank Limited; 1st Defendant: Lupembe Tea Estate Co. Limited; 2nd Defendant: Yusuf Nawabu Mulla; 3rd Defendant: Lushoto Tea Co. Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
13 March 2015
Procedural Posture
Commercial Case / Ruling on Preliminary Objection Regarding Expiry of Speed Track
Outcome
Suit struck out for expiry of speed track and lack of jurisdiction.
Legal Topics
Case Management, Speed Track System, Jurisdiction, Scheduling Orders, Limitation of Actions
Source Language
English
Civil Procedure Commercial Law Case Management Speed Track System Jurisdiction Scheduling Orders Limitation of Actions

Case Brief

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Parties

FBME Bank Limited

Plaintiff

Lupembe Tea Estate Co. Limited

1st Defendant

Yusuf Nawabu Mulla

2nd Defendant

Lushoto Tea Co. Limited

3rd Defendant

Procedural Posture

Commercial Case / Ruling on Preliminary Objection Regarding Expiry of Speed Track

Legal Issues

  1. 1 Whether the court retains jurisdiction after expiry of the speed track without application for extension
  2. 2 Whether the suit should be struck out for expiry of the speed track period

Ratio Decidendi

The suit is struck out because the speed track period expired long ago, no application for extension or amendment was made within the prescribed time, and the court therefore lacks jurisdiction to entertain the matter.

Court Disposition

Suit struck out for expiry of speed track and lack of jurisdiction.

Orders

  • Suit is struck out.
  • Costs awarded to the defendant.