MULTICABLE LTD VS NOORDIN ABDALLAH ALLY MUSALAM MISC

MULTICABLE LTD VS NOORDIN ABDALLAH ALLY MUSALAM MISC

Confusion and contradiction between Rules 49 and 50 of the High Court (Commercial Division) Procedure Rules constitute sufficient grounds for extension of time; procedural rules should be interpreted to facilitate justice and allow parties to be heard.

Citation
MULTICABLE LTD VS NOORDIN ABDALLAH ALLY MUSALAM MISC
Parties
Applicant: Multicable Limited; 1st Respondent: Noordin Abdallah Ally Musalam; 2nd Respondent: Knight Support (T) Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2015
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application for Extension of Time to File Witness Statement
Outcome
Application granted in part
Legal Topics
Extension of Time, Witness Statements, Procedural Contradictions, Natural Justice
Source Language
English
Civil Procedure Commercial Law Extension of Time Witness Statements Procedural Contradictions Natural Justice

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Parties

Multicable Limited

Applicant

Noordin Abdallah Ally Musalam

1st Respondent

Knight Support (T) Limited

2nd Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Application for Extension of Time to File Witness Statement

Legal Issues

  1. 1 Whether the applicant has shown sufficient grounds for extension of time to file witness statement
  2. 2 Whether contradictions between Rule 49 and Rule 50 of the High Court (Commercial Division) Procedure Rules warrant relaxation of procedural requirements

Ratio Decidendi

Confusion and contradiction between Rules 49 and 50 of the High Court (Commercial Division) Procedure Rules constitute sufficient grounds for extension of time; procedural rules should be interpreted to facilitate justice and allow parties to be heard.

Court Disposition

Application granted in part

Orders

  • Applicant to file witness statement within 7 days from date of ruling
  • Costs to follow the cause