ms herkin builders ltd vs erick john mmary 2021 tzhccomd 3295 15 july 2021

ms herkin builders ltd vs erick john mmary 2021 tzhccomd 3295 15 july 2021

Defective paragraphs in the affidavit were struck out, but remaining paragraphs provided sufficient cause for delay. The court exercised discretion to grant extension of time, finding the applicant's explanation bona fide and in the interest of justice.

Citation
ms herkin builders ltd vs erick john mmary 2021 tzhccomd 3295 15 july 2021
Parties
Applicant: M/S Herkin Builders Ltd; Respondent: Erick John Mmary
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
15 July 2021
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application for Extension of Time
Outcome
Application partly granted
Legal Topics
Extension of Time, Affidavit Defects, Witness Statements
Source Language
English
Civil Procedure Extension of Time Affidavit Defects Witness Statements

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Parties

M/S Herkin Builders Ltd

Applicant

Erick John Mmary

Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file witness statements
  2. 2 Whether defects in the supporting affidavit warrant striking out the application

Ratio Decidendi

Defective paragraphs in the affidavit were struck out, but remaining paragraphs provided sufficient cause for delay. The court exercised discretion to grant extension of time, finding the applicant's explanation bona fide and in the interest of justice.

Court Disposition

Application partly granted

Orders

  • Extension of time to file witness statements granted
  • Applicant given 14 days to file witness statements