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
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Parties
Ihembe Industries Ltd.
Plaintiff
Royal Insurance (T) Ltd.
1st Defendant
CRDB Bank Ltd.
2nd Defendant
Procedural Posture
Civil / Ruling on Preliminary Objection
Legal Issues
- 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.
Full Case Text
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