ihembe industries ltd vs royal insurance t ltd another 2016 tzhc 2033 29 february 2016

The supplementary list of documents and notice to produce were filed without leave of court after the scheduling order, contrary to Order VIIIA rule 4 of the Civil Procedure Code. Their filing was therefore invalid and they must be expunged from the record.

Citation: ihembe industries ltd vs royal insurance t ltd another 2016 tzhc 2033 29 february 2016
Parties: Plaintiff: Ihembe Industries Ltd; 1st Defendant: Royal Insurance (T) Ltd; 2nd Defendant: CRDB Bank Ltd
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 29 February 2016
Procedural Posture: Civil / Interlocutory Ruling on Preliminary Objection
Outcome: Objection sustained; supplementary list of documents and notice to produce expunged from the record.
Legal Topics: Disclosure of Documents, Scheduling Orders, Admission of Evidence
Source Language: English

Civil Procedure Disclosure of Documents Scheduling Orders Admission of Evidence

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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 Preliminary Objection

Legal Issues

1 Whether the plaintiff's supplementary list of documents and notice to produce were properly filed and admissible without leave of court after the scheduling order

Ratio Decidendi

Court Disposition

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

Orders

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