martin nashokigwa vs marcus mdemu others 2014 tzhc 2209 28 april 2014

martin nashokigwa vs marcus mdemu others 2014 tzhc 2209 28 april 2014

Extension of time is granted as both parties contributed to delay and it is in the interest of justice to allow the case to be heard on merits. Leave to file an application for amendment of the plaint is granted as the court cannot decide on amendment without a formal application being filed.

Citation
martin nashokigwa vs marcus mdemu others 2014 tzhc 2209 28 april 2014
Parties
Plaintiff: Martin Nashokigwa; Defendant: Marcus Mdemu; Defendant: The Editor, Nipashe Newspaper; Defendant: The Managing Director, The Guardian Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 April 2014
Procedural Posture
Civil / Interlocutory Ruling on Extension of Time and Leave to Amend Plaint
Outcome
Prayers granted
Legal Topics
Extension of Time, Amendment of Pleadings, Scheduling Orders
Source Language
English
Civil Procedure Extension of Time Amendment of Pleadings Scheduling Orders

Case Brief

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Parties

Martin Nashokigwa

Plaintiff

Marcus Mdemu

Defendant

The Editor, Nipashe Newspaper

Defendant

The Managing Director, The Guardian Limited

Defendant

Procedural Posture

Civil / Interlocutory Ruling on Extension of Time and Leave to Amend Plaint

Legal Issues

  1. 1 Whether to extend time for finalization of the case beyond the assigned speed track
  2. 2 Whether to allow the plaintiff to file an application for amendment of the plaint

Ratio Decidendi

Extension of time is granted as both parties contributed to delay and it is in the interest of justice to allow the case to be heard on merits. Leave to file an application for amendment of the plaint is granted as the court cannot decide on amendment without a formal application being filed.

Court Disposition

Prayers granted

Orders

  • Time for finalization of the suit is extended; case reassigned Speed Track II from the date of the ruling.
  • Plaintiff allowed to file application for leave to amend the plaint within seven days from the date of the ruling.