plasco limited vs efam limited another 2016 tzhc 2029 30 june 2016

plasco limited vs efam limited another 2016 tzhc 2029 30 june 2016

9th December 2015 was not a public holiday but a working day by virtue of Government Notice No. 537 of 2015; therefore, the amended plaint filed on 10th December 2015 was out of time and is expunged from the record.

Citation
plasco limited vs efam limited another 2016 tzhc 2029 30 june 2016
Parties
Plaintiff: Plasco Limited; Defendant: Efam Limited; Defendant: Fatma M. Rweyemamu
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 June 2016
Procedural Posture
Commercial Case / Ruling on Timeliness of Amended Plaint
Outcome
Amended plaint expunged from the record for being filed out of time.
Legal Topics
Computation of Time, Public Holidays, Amendment of Pleadings, Limitation Periods
Source Language
English
Civil Procedure Computation of Time Public Holidays Amendment of Pleadings Limitation Periods

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Parties

Plasco Limited

Plaintiff

Efam Limited

Defendant

Fatma M. Rweyemamu

Defendant

Procedural Posture

Commercial Case / Ruling on Timeliness of Amended Plaint

Legal Issues

  1. 1 Whether the amended plaint was filed within the time ordered by the court
  2. 2 Whether 9th December 2015 was a public holiday or a working day for the purpose of limitation

Ratio Decidendi

9th December 2015 was not a public holiday but a working day by virtue of Government Notice No. 537 of 2015; therefore, the amended plaint filed on 10th December 2015 was out of time and is expunged from the record.

Court Disposition

Amended plaint expunged from the record for being filed out of time.

Orders

  • Amended plaint expunged from the record.
  • No order as to costs.