jv tangerm constraction colimited and technocombine constraction limited vs tanzania ports authority and another 2021 tzhccomd 3362 1 october 2021

jv tangerm constraction colimited and technocombine constraction limited vs tanzania ports authority and another 2021 tzhccomd 3362 1 october 2021

The plaintiff's filing of a new list of documents to be relied upon, without leave of the court after the first hearing, contravened the Civil Procedure Code and is not permissible; however, the filing of notices to produce is not barred by the cited procedural rules and does not amount to abuse of court process or pre-emption of a prior ruling.

Citation
jv tangerm constraction colimited and technocombine constraction limited vs tanzania ports authority and another 2021 tzhccomd 3362 1 october 2021
Parties
Plaintiff: JV Tangerm Construction Co. Limited & Technocombine Construction Limited (A Joint Venture); 1st Defendant: Tanzania Ports Authority; 2nd Defendant: Attorney General
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
1 October 2021
Procedural Posture
Commercial Case / Ruling on Preliminary Objections During Trial
Outcome
Objection to the list of additional documents sustained; list expunged. Other objections overruled.
Legal Topics
Documentary Evidence, Abuse of Court Process, Scheduling Orders, Production of Documents
Source Language
English
Civil Procedure Commercial Law Documentary Evidence Abuse of Court Process Scheduling Orders Production of Documents

Case Brief

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Parties

JV Tangerm Construction Co. Limited & Technocombine Construction Limited (A Joint Venture)

Plaintiff

Tanzania Ports Authority

1st Defendant

Attorney General

2nd Defendant

Procedural Posture

Commercial Case / Ruling on Preliminary Objections During Trial

Legal Issues

  1. 1 Whether the plaintiff's filing of additional documents and notices to produce contravened procedural law and scheduling orders
  2. 2 Whether such actions constituted an abuse of court process or pre-emption of a prior court ruling

Ratio Decidendi

The plaintiff's filing of a new list of documents to be relied upon, without leave of the court after the first hearing, contravened the Civil Procedure Code and is not permissible; however, the filing of notices to produce is not barred by the cited procedural rules and does not amount to abuse of court process or pre-emption of a prior ruling.

Court Disposition

Objection to the list of additional documents sustained; list expunged. Other objections overruled.

Orders

  • List of additional documents to be relied on by plaintiff is expunged from the record.
  • Hearing to proceed on a date to be appointed by the Court.