marina hotel ltd vs dr cuthbert mhilu and another 2011 tzhc 2124 19 may 2011

marina hotel ltd vs dr cuthbert mhilu and another 2011 tzhc 2124 19 may 2011

The application was struck out as incompetent due to being omnibus in nature and containing contradictions regarding the scheduling order dates, despite lack of opposition from the respondents.

Citation
marina hotel ltd vs dr cuthbert mhilu and another 2011 tzhc 2124 19 may 2011
Parties
Applicant: Marina Hotel Ltd; 1st Respondent: Dr. Cuthbert Mhilu; 2nd Respondent: TANESCO Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 May 2011
Procedural Posture
Misc. Civil Application / Ruling on Application for Extension of Time and Departure From Scheduling Order
Outcome
Application struck out as incompetent
Legal Topics
Extension of Time, Scheduling Order, Omnibus Application, Affidavit Contradiction
Source Language
English
Civil Procedure Extension of Time Scheduling Order Omnibus Application Affidavit Contradiction

Case Brief

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Parties

Marina Hotel Ltd

Applicant

Dr. Cuthbert Mhilu

1st Respondent

TANESCO Ltd

2nd Respondent

Procedural Posture

Misc. Civil Application / Ruling on Application for Extension of Time and Departure From Scheduling Order

Legal Issues

  1. 1 Whether the applicant is entitled to extension of time to depart from the scheduling order
  2. 2 Whether the application is competent given the omnibus prayers and contradictions

Ratio Decidendi

The application was struck out as incompetent due to being omnibus in nature and containing contradictions regarding the scheduling order dates, despite lack of opposition from the respondents.

Court Disposition

Application struck out as incompetent

Orders

  • Application struck out
  • No order for costs