20131011 TZCA Dar es Salaam

20131011 TZCA Dar es Salaam

The preliminary objection was dismissed because the Court has discretion under Rule 106(9) and Rule 106(19) to waive compliance with the requirement to file written submissions, and failure to do so did not prejudice either party.

Citation
20131011 TZCA Dar es Salaam
Parties
Applicant: Hydrox Industrial Services Limited and Another; Respondent: CRDB (1996) Ltd; Respondent: Angelo Pastory-Muna; Respondent: Oldonyo Lengai Auction Mart
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
11 October 2013
Procedural Posture
Civil Application / Ruling on Preliminary Objection in Application for Extension of Time
Outcome
Preliminary objection dismissed with costs
Legal Topics
Extension of Time, Written Submissions, Preliminary Objection, Court Discretion
Source Language
English
Civil Procedure Extension of Time Written Submissions Preliminary Objection Court Discretion

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Parties

Hydrox Industrial Services Limited and Another

Applicant

CRDB (1996) Ltd

Respondent

Angelo Pastory-Muna

Respondent

Oldonyo Lengai Auction Mart

Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection in Application for Extension of Time

Legal Issues

  1. 1 Whether failure to file written submissions within prescribed time renders the application incompetent
  2. 2 Whether the Court should exercise its discretion to dismiss the application for non-compliance with Rule 106(9) of the Court Rules

Ratio Decidendi

The preliminary objection was dismissed because the Court has discretion under Rule 106(9) and Rule 106(19) to waive compliance with the requirement to file written submissions, and failure to do so did not prejudice either party.

Court Disposition

Preliminary objection dismissed with costs

Orders

  • Preliminary objection dismissed
  • Costs awarded to the applicant