20181025 TZHC Dar es Salaam1

20181025 TZHC Dar es Salaam1

Neither party properly applied for extension of time or leave to depart from the scheduling order before expiry of the speed track; therefore, the court cannot grant extension or amendment after expiry, and the suit must be struck out.

Citation
20181025 TZHC Dar es Salaam1
Parties
Plaintiff: Ibrahim Twahil Kusundwa; 1st Defendant: Zakaria Maftah; 2nd Defendant: Simba Oil Company Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
25 October 2018
Procedural Posture
Land Case / Ruling on Extension of Time and Departure From Scheduling Order
Outcome
Suit struck out
Legal Topics
Extension of Time, Scheduling Order, Speed Track Procedure, Striking Out Suit
Source Language
English
Civil Procedure Land Law Extension of Time Scheduling Order Speed Track Procedure Striking Out Suit

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Parties

Ibrahim Twahil Kusundwa

Plaintiff

Zakaria Maftah

1st Defendant

Simba Oil Company Limited

2nd Defendant

Procedural Posture

Land Case / Ruling on Extension of Time and Departure From Scheduling Order

Legal Issues

  1. 1 Whether the court can grant extension of time to depart from the scheduling order after expiry of the speed track
  2. 2 Whether the suit should be struck out for failure to comply with the speed track timeline

Ratio Decidendi

Neither party properly applied for extension of time or leave to depart from the scheduling order before expiry of the speed track; therefore, the court cannot grant extension or amendment after expiry, and the suit must be struck out.

Court Disposition

Suit struck out

Orders

  • Suit is struck out after expiry of the speed track
  • No order as to costs