patrick chamlomo others vs sospeter n ndalahwa 2001 tzhc 24 7 june 2001

patrick chamlomo others vs sospeter n ndalahwa 2001 tzhc 24 7 june 2001

The suit was not time barred due to a valid extension of time. The defendant's written statement of defence was filed out of time without leave of court, and the law requires the court to proceed ex parte in such circumstances.

Citation
patrick chamlomo others vs sospeter n ndalahwa 2001 tzhc 24 7 june 2001
Parties
Plaintiff: Patrick Chamlomo; Plaintiff: Saulo Chamiomo; Plaintiff: Nathasl Chahloio; Defendant: Sospeter K. Ndalahwa
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
7 June 2001
Procedural Posture
Civil / Ruling on Preliminary Objections and Procedural Orders
Outcome
Plaintiffs to proceed to prove the case ex parte; defendant's defence rejected for late filing without leave.
Legal Topics
Malicious Prosecution, Limitation of Actions, Late Filing of Defence
Source Language
English
Civil Procedure Tort Malicious Prosecution Limitation of Actions Late Filing of Defence

Case Brief

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Parties

Patrick Chamlomo

Plaintiff

Saulo Chamiomo

Plaintiff

Nathasl Chahloio

Plaintiff

Sospeter K. Ndalahwa

Defendant

Procedural Posture

Civil / Ruling on Preliminary Objections and Procedural Orders

Legal Issues

  1. 1 Whether the suit is time barred
  2. 2 Whether the defendant's written statement of defence should be rejected for late filing

Ratio Decidendi

The suit was not time barred due to a valid extension of time. The defendant's written statement of defence was filed out of time without leave of court, and the law requires the court to proceed ex parte in such circumstances.

Court Disposition

Plaintiffs to proceed to prove the case ex parte; defendant's defence rejected for late filing without leave.

Orders

  • Plaintiffs to prove the case ex parte
  • Mention in chamber on 3/8/2001 for necessary orders