20100917 TZHC Dar es Salaam

20100917 TZHC Dar es Salaam

The court held that since the delay was due to the absence of assessors and not attributable to the plaintiffs, it would be unfair and unreasonable to strike out the suit. The court retains jurisdiction and will fix a fresh period for hearing and determination of the suit.

Citation
20100917 TZHC Dar es Salaam
Parties
Plaintiff: MWANANCHI GOLD CO LTD; Plaintiff: JOSEPH SINDE WARIOBA; Plaintiff: YUBIJPH MUSHI; Plaintiff: VULFRIDA GRACE MAHALIU; Defendant: REGINALD ABRAHAM MENGI; Defendant: MBARAK ISLAM; Defendant: THE EDITOR THIS DAY NEWSPAPER; Defendant: THE EDITOR KULIKONI NEWSPAPER; Defendant: MEDIA SOLUTIONS LIMITED
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 September 2010
Procedural Posture
Civil / Ruling on Preliminary Objection
Outcome
preliminary objection overruled
Legal Topics
Scheduling Order, Jurisdiction, Limitation Period, Defamation, Court Assessors
Source Language
English
Civil Procedure Media Law Defamation Scheduling Order Jurisdiction Limitation Period Court Assessors

Case Brief

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Parties

MWANANCHI GOLD CO LTD

Plaintiff

JOSEPH SINDE WARIOBA

Plaintiff

YUBIJPH MUSHI

Plaintiff

VULFRIDA GRACE MAHALIU

Plaintiff

REGINALD ABRAHAM MENGI

Defendant

MBARAK ISLAM

Defendant

THE EDITOR THIS DAY NEWSPAPER

Defendant

THE EDITOR KULIKONI NEWSPAPER

Defendant

MEDIA SOLUTIONS LIMITED

Defendant

Procedural Posture

Civil / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the court has jurisdiction to continue hearing the suit after expiry of the scheduling order and speed track period
  2. 2 Whether the suit should be struck out for failure to apply for departure from the scheduling order within the limitation period

Ratio Decidendi

The court held that since the delay was due to the absence of assessors and not attributable to the plaintiffs, it would be unfair and unreasonable to strike out the suit. The court retains jurisdiction and will fix a fresh period for hearing and determination of the suit.

Court Disposition

preliminary objection overruled

Orders

  • Each party to bear its own costs
  • Parties and/or their advocates to appear before court on 10th October, 2010 for fixing a fresh period for hearing and determination of the suit