20031210 TZHC Mbeya

The application for extension of time to file the Written Statement of Defence was not properly made within the statutory period, and the court has no jurisdiction to grant such extension outside the twenty-one days prescribed by law. The applicant failed to show good and sufficient cause for not filing the defence within the forty-two days available.

Citation: 20031210 TZHC Mbeya
Parties: Plaintiff: Jonas 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
Legal Topics: Extension of Time, Written Statement of Defence, Jurisdictional Time Limits
Source Language: English

Civil Procedure Extension of Time Written Statement of Defence Jurisdictional Time Limits

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Parties

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

Ratio Decidendi

Court Disposition

Application dismissed

Orders

Application for extension of time to file Written Statement of Defence is refused