joseph donati kessy another vs juma magembe ngomani 2000 tzhc 33 2 june 2000

joseph donati kessy another vs juma magembe ngomani 2000 tzhc 33 2 june 2000

The court lacks jurisdiction to extend time for filing defence beyond the period prescribed by Order VIII Rule 14 as amended by GN 422/94; the defendant's delay is inordinate and unjustified, and the application for extension is rejected.

Citation
joseph donati kessy another vs juma magembe ngomani 2000 tzhc 33 2 june 2000
Parties
Applicant: Joseph Donat Kessy; Respondent: Nemesi Joseph Donati
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 to file defence rejected; order for ex parte proof against first defendant.
Legal Topics
Extension of Time, Default Judgment, Ex Parte Proceedings, Temporary Injunction
Source Language
English
Civil Procedure Extension of Time Default Judgment Ex Parte Proceedings Temporary Injunction

Case Brief

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Parties

Joseph Donat Kessy

Applicant

Nemesi Joseph Donati

Respondent

Procedural Posture

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

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 excusable

Ratio Decidendi

The court lacks jurisdiction to extend time for filing defence beyond the period prescribed by Order VIII Rule 14 as amended by GN 422/94; the defendant's delay is inordinate and unjustified, and the application for extension is rejected.

Court Disposition

Application for extension of time to file defence rejected; order for ex parte proof 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.