juma maulid juma ta lutangasha trans vs the nbc another 2012 tzhccomd 24 17 august 2012

juma maulid juma ta lutangasha trans vs the nbc another 2012 tzhccomd 24 17 august 2012

The court found that the interests of justice require allowing the 1st Defendant to present a third party notice against M/s Morocco Commission Agent Limited, as the third party is central to the dispute over the supply of trucks and trailers. There is no statutory time limit for presenting a third party notice, and departure from the scheduling order is justified. Defects in the counter-affidavit were not fatal and did not warrant striking out the affidavit.

Citation
juma maulid juma ta lutangasha trans vs the nbc another 2012 tzhccomd 24 17 august 2012
Parties
Plaintiff: Juma Maulid Juma t/a Lutangasha Trans; 1st Defendant/applicant: The National Bank of Commerce; 2nd Defendant: KAM Commercial Services
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
17 August 2012
Procedural Posture
Commercial Case / Ruling on Application for Departure From Scheduling Order and Leave to Present Third Party Notice
Outcome
Application granted
Legal Topics
Third Party Procedure, Scheduling Orders, Affidavit Defects, Indemnity, Specific Performance
Source Language
English
Civil Procedure Third Party Procedure Scheduling Orders Affidavit Defects Indemnity Specific Performance

Case Brief

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Parties

Juma Maulid Juma t/a Lutangasha Trans

Plaintiff

The National Bank of Commerce

1st Defendant/applicant

KAM Commercial Services

2nd Defendant

Procedural Posture

Commercial Case / Ruling on Application for Departure From Scheduling Order and Leave to Present Third Party Notice

Legal Issues

  1. 1 Whether the court should depart from its scheduling order to allow the 1st Defendant to present a third party notice
  2. 2 Whether leave should be granted to present a third party notice against M/s Morocco Commission Agent Limited
  3. 3 Whether defects in the counter-affidavit (swearing instead of affirming, missing annexure) are fatal

Ratio Decidendi

The court found that the interests of justice require allowing the 1st Defendant to present a third party notice against M/s Morocco Commission Agent Limited, as the third party is central to the dispute over the supply of trucks and trailers. There is no statutory time limit for presenting a third party notice, and departure from the scheduling order is justified. Defects in the counter-affidavit were not fatal and did not warrant striking out the affidavit.

Court Disposition

Application granted

Orders

  • The scheduling order made on 12th July 2011 is departed from.
  • The 1st Defendant is granted leave to present a third party notice against M/s Morocco Commission Agent Limited within seven days of this order.