kessy another vs ngomani 2000 tzhc 8 2 june 2000

The defendant failed to show sufficient cause for inordinate delay in filing defence; the amendment to the Civil Procedure Code restricts the court from granting further extension; therefore, the application for extension is rejected and the plaintiffs are allowed to proceed ex parte.

Citation: kessy another vs ngomani 2000 tzhc 8 2 june 2000
Parties: Plaintiff: Joseph Donat Kessy; Plaintiff: Nemesi Joseph Donati; Defendant: Juma Magembe Ngomani
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 2 June 2000
Procedural Posture: Civil / Interlocutory Application for Extension of Time to File Defence; Order on Ex Parte Proof
Outcome: Application for extension of time rejected; plaintiffs to proceed ex parte against first defendant.
Legal Topics: Extension of Time, Ex Parte Proceedings, Temporary Injunction, Pleadings Deadlines
Source Language: English

Civil Procedure Extension of Time Ex Parte Proceedings Temporary Injunction Pleadings Deadlines

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 3 Party arguments 2

Parties

Joseph Donat Kessy

Plaintiff

Nemesi Joseph Donati

Plaintiff

Juma Magembe Ngomani

Defendant

Procedural Posture

Civil / Interlocutory Application for Extension of Time to File Defence; Order on Ex Parte Proof

Legal Issues

1 Whether the defendant should be granted extension of time to file a written statement of defence after inordinate delay
2 Whether the plaintiffs are entitled to proceed ex parte

Ratio Decidendi

Court Disposition

Application for extension of time rejected; plaintiffs to proceed ex parte against first defendant.

Orders

Prayer for extension of time to file defence is rejected.
Plaintiffs to proceed to prove the case ex parte against the first defendant.