joseph donati kessy another vs juma magembe ngomani 2000 tzhc 18 2 june 2000

joseph donati kessy another vs juma magembe ngomani 2000 tzhc 18 2 june 2000

The amendment by GN 422/94 restricts the court's power to extend the period for filing pleadings, and the defendant's inordinate delay is unjustified. The court is bound by the amended rules and cannot grant further extension.

Citation
joseph donati kessy another vs juma magembe ngomani 2000 tzhc 18 2 june 2000
Parties
Applicant: Joseph Donat Kessy; Respondent: Nemesi Joseph Donat
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 June 2000
Procedural Posture
Civil Suit / Interlocutory Application; Ruling on Extension of Time to File Defence
Outcome
Application for extension of time to file defence rejected; case to proceed ex parte against first defendant.
Legal Topics
Extension of Time, Default Judgment, Pleadings, Ex Parte Proceedings
Source Language
English
Civil Procedure Extension of Time Default Judgment Pleadings Ex Parte Proceedings

Case Brief

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Parties

Joseph Donat Kessy

Applicant

Nemesi Joseph Donat

Respondent

Procedural Posture

Civil Suit / Interlocutory Application; Ruling on Extension of Time to File Defence

Legal Issues

  1. 1 Whether the court can grant extension of time to file a written statement of defence after expiry of the statutory period as amended by GN 422/94
  2. 2 Whether the defendant's delay in filing defence is justified

Ratio Decidendi

The amendment by GN 422/94 restricts the court's power to extend the period for filing pleadings, and the defendant's inordinate delay is unjustified. The court is bound by the amended rules and cannot grant further extension.

Court Disposition

Application for extension of time to file defence rejected; case to proceed ex parte against first defendant.

Orders

  • Plaintiffs to proceed to prove the case ex parte against the first defendant.