20100817 TZHC Dar es Salaam

20100817 TZHC Dar es Salaam

The court retains jurisdiction to hear and determine the suit despite expiry of the scheduling order and speed track, as the delay was not attributable to the plaintiffs but to the court's inability to secure assessors. Striking out the suit would be unfair and contrary to the interests of justice.

Citation
20100817 TZHC Dar es Salaam
Parties
Plaintiff: Mwananchi Gold Co Ltd; Plaintiff: Joseph Sinde Warioba; Plaintiff: Yusuph Mushi; Plaintiff: Vulfrida Grace Mahalu; Defendant: Reginald Abraham Mengi; Defendant: Mbaraka Islam; Defendant: The Editor This Day Newspaper; Defendant: The Editor Kulikoni Newspaper; Defendant: Media Solutions Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 August 2010
Procedural Posture
Civil / Ruling on Preliminary Objection
Outcome
preliminary objection overruled
Legal Topics
Scheduling Order, Jurisdiction, Limitation Period, Defamation
Source Language
English
Civil Procedure Scheduling Order Jurisdiction Limitation Period Defamation

Case Brief

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Parties

Mwananchi Gold Co Ltd

Plaintiff

Joseph Sinde Warioba

Plaintiff

Yusuph Mushi

Plaintiff

Vulfrida Grace Mahalu

Plaintiff

Reginald Abraham Mengi

Defendant

Mbaraka 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 extension or departure from the scheduling order

Ratio Decidendi

The court retains jurisdiction to hear and determine the suit despite expiry of the scheduling order and speed track, as the delay was not attributable to the plaintiffs but to the court's inability to secure assessors. Striking out the suit would be unfair and contrary to the interests of justice.

Court Disposition

preliminary objection overruled

Orders

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