jonas mgoka another vs singh ta deol limited 2003 tzhc 100 10 december 2003

jonas mgoka another vs singh ta deol limited 2003 tzhc 100 10 december 2003

The application for extension of time was not made within the twenty one days after expiration of the prescribed period as required by law, and the court therefore lacked jurisdiction to grant the extension. The applicant failed to show good and sufficient cause for the delay, and the application was unmeritorious.

Citation
jonas mgoka another vs singh ta deol limited 2003 tzhc 100 10 december 2003
Parties
Plaintiff: Jonad Mgoka; Plaintiff: Elia Kamong'onya Mwateba; Defendant: A. Singh t/a Deol Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 December 2003
Procedural Posture
Civil / Ruling on Application for Extension of Time to File Written Statement of Defence
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Written Statement of Defence, Limitation Periods
Source Language
English
Civil Procedure Extension of Time Written Statement of Defence Limitation Periods

Case Brief

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Parties

Jonad Mgoka

Plaintiff

Elia Kamong'onya Mwateba

Plaintiff

A. Singh t/a Deol Limited

Defendant

Procedural Posture

Civil / Ruling on Application for Extension of Time to File Written Statement of Defence

Legal Issues

  1. 1 Whether the application for extension of time to file Written Statement of Defence was made within the period allowed by law
  2. 2 Whether the court has jurisdiction to grant extension of time beyond the prescribed period

Ratio Decidendi

The application for extension of time was not made within the twenty one days after expiration of the prescribed period as required by law, and the court therefore lacked jurisdiction to grant the extension. The applicant failed to show good and sufficient cause for the delay, and the application was unmeritorious.

Court Disposition

Application dismissed with costs

Orders

  • The application for extension of time to file Written Statement of Defence is dismissed with costs.