ihembe industries ltd vs royal insurance t ltd another 2016 tzhc 13 29 january 2016

ihembe industries ltd vs royal insurance t ltd another 2016 tzhc 13 29 january 2016

Filing supplementary documents and notice to produce without leave of court after a scheduling order is invalid under Order VIIIA rule 4 CPC; such documents must be expunged from the record.

Citation
ihembe industries ltd vs royal insurance t ltd another 2016 tzhc 13 29 january 2016
Parties
Plaintiff: Ihembe Industries Ltd.; 1st Defendant: Royal Insurance (T) Ltd.; 2nd Defendant: CRDB Bank Ltd.
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 January 2016
Procedural Posture
Civil / Ruling on Preliminary 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

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Ihembe Industries Ltd.

Plaintiff

Royal Insurance (T) Ltd.

1st Defendant

CRDB Bank Ltd.

2nd Defendant

Procedural Posture

Civil / Ruling on Preliminary Objection

  1. 1 Whether the supplementary list of documents and notice to produce filed by the plaintiff were competent and admissible without leave of court after scheduling order

Ratio Decidendi

Filing supplementary documents and notice to produce without leave of court after a scheduling order is invalid under Order VIIIA rule 4 CPC; such documents must be expunged from the record.

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 record.
  • Costs to be in the course.