20110315 TZHC Dar es Salaam

20110315 TZHC Dar es Salaam

An application for extension or enlargement of a scheduling order under the Civil Procedure Code is subject to the Law of Limitation Act and must be made within 60 days of the expiry of the scheduling order. Since the application was made after the limitation period had expired and without leave of the court...

Source-derived case information.

Citation
20110315 TZHC Dar es Salaam
Parties
Plaintiff: Jared Nyakila; Plaintiff: Nyakila Transporters and General Supplies; Defendant: Shanti Shah; Defendant: Suresh Bhasin; Defendant: Nelofer Abdjul; Defendant: New Fish Filletters Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 March 2011
Procedural Posture
Commercial Case / Ruling on Application for Extension/enlargement of Scheduling Order
Outcome
Application dismissed; suit struck out
Legal Topics
Scheduling Order, Extension of Time, Limitation of Actions, Access to Justice
Source Language
english
Civil Procedure Commercial Law Scheduling Order Extension of Time Limitation of Actions Access to Justice

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Parties

Jared Nyakila

Plaintiff

Nyakila Transporters and General Supplies

Plaintiff

Shanti Shah

Defendant

Suresh Bhasin

Defendant

Nelofer Abdjul

Defendant

New Fish Filletters Limited

Defendant

Procedural Posture

Commercial Case / Ruling on Application for Extension/enlargement of Scheduling Order

Legal Issues

  1. 1 Whether the application for extension/enlargement of the scheduling order was made within the prescribed limitation period
  2. 2 Whether the court can grant extension/enlargement of the scheduling order after expiry of limitation period without leave

Ratio Decidendi

An application for extension or enlargement of a scheduling order under the Civil Procedure Code is subject to the Law of Limitation Act and must be made within 60 days of the expiry of the scheduling order. Since the application was made after the limitation period had expired and without leave of the court extending the time, it is time barred and must be dismissed. Consequently, the main suit is no longer maintainable and is struck out.

Court Disposition

Application dismissed; suit struck out

Orders

  • Application for extension/enlargement of scheduling order dismissed for being time barred
  • Main suit struck out as no longer maintainable