honest logistics ltd vs zains logistics ltd 2 others 2023 tzhccomd 381 29 november 2023

The application for extension of time to file defence was made outside the statutory period prescribed by Rule 20(2) of the High Court (Commercial Division) Procedure Rules, and therefore must fail.

Citation: honest logistics ltd vs zains logistics ltd 2 others 2023 tzhccomd 381 29 november 2023
Parties: Plaintiff: Honest Logistics Limited; 1st Defendant: Zain's Logistics Limited; 2nd Defendant: Zainul Nurdin Dossa; 3rd Defendant: Khalid Zainul Dossa
Court: TZHCCOMD
Jurisdiction: Tanzania
Judgment Date: 29 November 2023
Procedural Posture: Commercial Case / Ruling on Application for Extension of Time to File Defence
Outcome: Application for extension of time dismissed.
Legal Topics: Extension of Time, Default Judgment, Written Statement of Defence
Source Language: English

Civil Procedure Commercial Law Extension of Time Default Judgment Written Statement of Defence

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2

Parties

Honest Logistics Limited

Plaintiff

Zain's Logistics Limited

1st Defendant

Zainul Nurdin Dossa

2nd Defendant

Khalid Zainul Dossa

3rd Defendant

Procedural Posture

Commercial Case / Ruling on Application for Extension of Time to File Defence

Legal Issues

1 Whether the application for extension of time to file defence was made within the statutory period
2 Whether the court can grant extension of time after expiry of the statutory period

Ratio Decidendi

The application for extension of time to file defence was made outside the statutory period prescribed by Rule 20(2) of the High Court (Commercial Division) Procedure Rules, and therefore must fail.

Court Disposition

Application for extension of time dismissed.

Orders

Plaintiff is invited to file Form Number 1 to move the court for default judgment.