knowles lumambo vs mattheus de klerk another 2023 tzhccomd 95 30 march 2023
Since the respondents did not oppose the application and the applicant disclosed sufficient grounds in the affidavit, the court granted the extension of time to file an application for variation of administration orders.
Source-derived case information.
- Citation
- knowles lumambo vs mattheus de klerk another 2023 tzhccomd 95 30 march 2023
- Parties
- Applicant: Knowles Lumambo (Administrator of Cassava Starch of Tanzania Corporation Limited); 1st Respondent: Mattheus De Klerk; 2nd Respondent: Cassava Starch of Tanzania Corporation Limited
- Court
- TZHCCOMD
- Jurisdiction
- Tanzania
- Judgment Date
- 30 March 2023
- Procedural Posture
- Miscellaneous Commercial Application / Ruling on Application for Extension of Time
- Outcome
- Application granted
- Legal Topics
- Extension of Time, Administration Order, Variation of Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Knowles Lumambo (Administrator of Cassava Starch of Tanzania Corporation Limited)
Applicant
Mattheus De Klerk
1st Respondent
Cassava Starch of Tanzania Corporation Limited
2nd Respondent
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the applicant should be granted extension of time to file an application for variation of administration orders
Ratio Decidendi
Since the respondents did not oppose the application and the applicant disclosed sufficient grounds in the affidavit, the court granted the extension of time to file an application for variation of administration orders.
Court Disposition
Application granted
Orders
- Extension of time to file an application for variation of administration orders is granted.
- The application must be filed within 30 days from the date of the ruling.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (COMMERCIAL DIVISION) AT DAR ES SALAAM MISC. COMMERCIAL APPLICATION NO. 11 OF 2023 (Originating from Commercial Cause No. 17 of 2020) IN THE MATTER OF THE COMPANIES ACT CAP. 212 OF 2002 AND IN THE MATTER OF A APETITION BY THE COMPANY FOR AN ADMINISTRATION ORDER AND IN THE MATTER OF CASSAVA STARCH OF TANZANIA CORPORATION LIMITED BETWEEN KNOWLES LUMAMBO (Administrator of Cassava Starch of Tanzania Corporation Limited .......................................................... APPLICANT AND MATTHEUS DE KLERK......................... 1st RESPONDENT CASSAVA STARCH OF TANZANIA CORPORATION LIMITED....................................................... 2nd RESPONDENT RULING Date of last Order: 09/03/2023 Date of Ruling: 30/03/2023 NANGELA, J. The applicant herein has filed this application Under Section 93 of the Civil Procedure Code Cap 33 R.E, and Section 256 (1), (2) (a) of the Companies Act, Cap 212 Page 1 of 3 R.E 2002. The application is by way of a Chamber Summons Supported by affidavit of the Applicant. The applicant seeks for the following orders: 1. That, this Honorable Court be pleased to grant an order for Extension of time to file an application for variation of the administration Orders made by this Court on 19/11/2021. When the matter come up for hearing on the 30th March, 2023, Mr. Emmanuel Hando, learned Advocate dropped two other prayers from the Chamber Summons and was only left with two prayers there in - one for extension of time and the other for "any other relief that the Court may find just and equitable to grant". I have looked at the affidavit and the submission by Mr. Hando which were not contested by Ms. Elizabeth Majura who appeared for the Respondents. Since the Respondents are not opposed to the Application, I see no Page 2 of 3 reasons why I should deny the prayer for extension of time to the Applicant. On the basis of the grounds disclosed in the affidavit of the Applicant, I do hereby grant the prayer and extend the period within which to file an application for orders of variation of Orders of the Court. The said application be filed within 30 days from the date of this ruling. It is so ordered. DEO JOHN NANGELA JUDGE Page 3 of 3