joel ntimba rugano vs nsezeye melesiana and others 2023 tzhc 16296 28 march 2023

joel ntimba rugano vs nsezeye melesiana and others 2023 tzhc 16296 28 march 2023

Extension of time to file defence must be applied for within 7 days after expiry of the initial period as per Order VIII Rule 1(3) of the Civil Procedure Code; section 95 cannot be invoked when a specific provision exists.

Citation
joel ntimba rugano vs nsezeye melesiana and others 2023 tzhc 16296 28 march 2023
Parties
Plaintiff: Joel Ntimba Rugano; 1st Defendant: Nsezeye Melesiana; 2nd Defendant: Kibondo District Council; 3rd Defendant: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 March 2023
Procedural Posture
Land Case / Ruling on Application for Extension of Time to File Defence
Outcome
Application for extension of time denied.
Legal Topics
Extension of Time, Written Statement of Defence, Inherent Powers of the Court
Source Language
English
Civil Procedure Land Law Extension of Time Written Statement of Defence Inherent Powers of the Court

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Parties

Joel Ntimba Rugano

Plaintiff

Nsezeye Melesiana

1st Defendant

Kibondo District Council

2nd Defendant

The Attorney General

3rd Defendant

Procedural Posture

Land Case / Ruling on Application for Extension of Time to File Defence

Legal Issues

  1. 1 Whether section 95 of the Civil Procedure Code can be invoked for extension of time to file defence when a specific provision exists
  2. 2 Whether delay of 60 days in applying for extension of time is permissible

Ratio Decidendi

Extension of time to file defence must be applied for within 7 days after expiry of the initial period as per Order VIII Rule 1(3) of the Civil Procedure Code; section 95 cannot be invoked when a specific provision exists.

Court Disposition

Application for extension of time denied.

Orders

  • Application for extension of time is denied.