new wave advanced capital pty ltd vs kec international ltd another 2018 tzhccomd 27 26 february 2018

The court found that the application was filed within the prescribed period and that the applicant's reason of sickness, being unchallenged and supported by medical evidence, constituted sufficient cause for extension of time to file the written statement of defence.

Citation: new wave advanced capital pty ltd vs kec international ltd another 2018 tzhccomd 27 26 february 2018
Parties: Applicant: New Wave Advanced Capital (Pty) Ltd; 1st Respondent: KEC International Limited; 2nd Respondent: Azania Bank Limited
Court: TZHCCOMD
Jurisdiction: Tanzania
Judgment Date: 26 February 2018
Procedural Posture: Miscellaneous Commercial Application / Ruling on Application for Extension of Time to File Written Statement of Defence
Outcome: Application granted
Legal Topics: Extension of Time, Written Statement of Defence, Sufficient Cause, Court Discretion
Source Language: English

Civil Procedure Extension of Time Written Statement of Defence Sufficient Cause Court Discretion

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Parties

New Wave Advanced Capital (Pty) Ltd

Applicant

KEC International Limited

1st Respondent

Azania Bank Limited

2nd Respondent

Procedural Posture

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

Legal Issues

1 Whether the application for extension of time was filed within the prescribed period
2 Whether the applicant advanced sufficient cause for extension of time

Ratio Decidendi

Court Disposition

Application granted

Orders

Applicant to file written statement of defence within ten days from the date of delivery of this ruling
Costs to be in due cause