national bureau of statistics vs the national bank of commerce another 2021 tzca 201 18 may 2021
Striking out a suit due to expiry of a speed track is not authorized by the Civil Procedure Code; the trial court should instead impose costs on the party responsible for delay and proceed to hear the suit on its merits.
- Citation
- national bureau of statistics vs the national bank of commerce another 2021 tzca 201 18 may 2021
- Parties
- Appellant: National Bureau of Statistics; 1st Respondent: National Bank of Commerce; 2nd Respondent: Eva Shoo
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 18 May 2021
- Procedural Posture
- Civil Appeal / Judgment on Appeal
- Outcome
- appeal allowed
- Legal Topics
- Speed Track System, Striking Out of Suit, Order VIIIA Civil Procedure Code, Case Management, Costs for Delay
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
National Bureau of Statistics
Appellant
National Bank of Commerce
1st Respondent
Eva Shoo
2nd Respondent
Procedural Posture
Civil Appeal / Judgment on Appeal
Legal Issues
- 1 Whether expiry of a speed track under Order VIIIA of the Civil Procedure Code mandates striking out of a suit
- 2 Whether the trial judge erred in law by striking out the suit due to lapse of speed track
Ratio Decidendi
Striking out a suit due to expiry of a speed track is not authorized by the Civil Procedure Code; the trial court should instead impose costs on the party responsible for delay and proceed to hear the suit on its merits.
Court Disposition
appeal allowed
Orders
- Quash the proceedings related to lapse of speed track and resultant ruling
- Set aside the order striking out the suit
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