19961220 TZHC Dar es Salaam

19961220 TZHC Dar es Salaam

Applications for discovery of documents under Order 11 of the Civil Procedure Code, 1966 are not subject to the 60-day limitation period under the Law of Limitation Act, 1971 and may be made at any time during the pendency of the suit. However, the applicant cannot pursue multiple applications on the same subject...

Source-derived case information.

Citation
19961220 TZHC Dar es Salaam
Parties
Plaintiff: Nadhifu Enterprises Ltd; Defendant: NBC & Ludovicle Makumbi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 December 1996
Procedural Posture
Civil Case / Ruling on Chamber Application for Production of Documents
Outcome
Application not determined on merits; applicant directed to elect which application to pursue.
Legal Topics
Discovery of Documents, Limitation of Actions, Affidavit Defects, Abuse of Process
Source Language
english
Civil Procedure Discovery of Documents Limitation of Actions Affidavit Defects Abuse of Process

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Summary, issues, holding and outcome

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Parties

Nadhifu Enterprises Ltd

Plaintiff

NBC & Ludovicle Makumbi

Defendant

Procedural Posture

Civil Case / Ruling on Chamber Application for Production of Documents

Legal Issues

  1. 1 Whether the application for production of documents is time-barred under the Law of Limitation Act, 1971
  2. 2 Whether the application is based on a defective affidavit
  3. 3 Whether filing multiple applications on the same subject constitutes abuse of process

Ratio Decidendi

Applications for discovery of documents under Order 11 of the Civil Procedure Code, 1966 are not subject to the 60-day limitation period under the Law of Limitation Act, 1971 and may be made at any time during the pendency of the suit. However, the applicant cannot pursue multiple applications on the same subject matter and must elect which application to proceed with.

Court Disposition

Application not determined on merits; applicant directed to elect which application to pursue.

Orders

  • Applicant to take appropriate legal measures to elect which application to proceed with.
  • No determination on merits due to multiple applications on same subject.