NA TZHC Simon22

Documents filed by the plaintiff on the day of hearing without leave of court are invalid and must be expunged from the record, as Order VIIIA rule 4 overrides Order XIII rule 1 regarding timing and procedure for documentary evidence.

Citation: NA TZHC Simon22
Parties: Plaintiff: Ihembe Industries Ltd; 1st Defendant: Royal Insurance (T) Ltd; 2nd Defendant: CRDB Bank Ltd
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 9 July 2013
Procedural Posture: Civil / Interlocutory Ruling on Evidentiary Objection
Outcome: Objection sustained; supplementary list of documents and notice to produce expunged from record.
Legal Topics: Admissibility of Documents, Scheduling Orders, Preliminary Objections
Source Language: English

Civil Procedure Admissibility of Documents Scheduling Orders Preliminary Objections

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Parties

Ihembe Industries Ltd

Plaintiff

Royal Insurance (T) Ltd

1st Defendant

CRDB Bank Ltd

2nd Defendant

Procedural Posture

Civil / Interlocutory Ruling on Evidentiary Objection

Legal Issues

1 Whether the supplementary list of documents and notice to produce filed by the plaintiff on the day of hearing are competent and admissible without leave of court

Ratio Decidendi

Court Disposition

Objection sustained; supplementary list of documents and notice to produce expunged from record.

Orders

Notice to Produce and Supplementary List of Documents expunged from court record.
Costs to be in the course.