noremco ab vs power roads t ltd 2011 tzhccomd 2062 15 february 2011

noremco ab vs power roads t ltd 2011 tzhccomd 2062 15 february 2011

The court cannot exercise its discretion to grant extension of time to file a written statement of defence if the application is made after the lapse of the prescribed period; the defendant's application was made out of time and is therefore incompetent and dismissed with costs.

Citation
noremco ab vs power roads t ltd 2011 tzhccomd 2062 15 february 2011
Parties
Plaintiff: Noremco AB; Defendant: Power Roads (T) Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
15 February 2011
Procedural Posture
Commercial Case / Ruling on Application for Extension of Time to File Written Statement of Defence
Outcome
Application for extension of time dismissed with costs.
Legal Topics
Extension of Time, Written Statement of Defence, Service of Summons
Source Language
English
Civil Procedure Extension of Time Written Statement of Defence Service of Summons

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Parties

Noremco AB

Plaintiff

Power Roads (T) Limited

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the defendant's application for extension of time to file written statement of defence was made within the prescribed period under Order VIII Rule 1 of the CPC

Ratio Decidendi

The court cannot exercise its discretion to grant extension of time to file a written statement of defence if the application is made after the lapse of the prescribed period; the defendant's application was made out of time and is therefore incompetent and dismissed with costs.

Court Disposition

Application for extension of time dismissed with costs.

Orders

  • Application for extension of time to file written statement of defence is dismissed with costs.
  • Ex-parte hearing ordered under Order VIII Rule 14(2)(b) of the CPC on 5.4.2011.