plexus cotton ltd vs ushirombo cotton ginnery ltd another 2006 tzhccomd 50 3 february 2006

plexus cotton ltd vs ushirombo cotton ginnery ltd another 2006 tzhccomd 50 3 february 2006

Appointment of a receiver/manager after expiry of time to file defence does not affect the operation of Order VIII Rule 2 of the Civil Procedure Code 1966 as amended; neither the company nor the receiver/manager can apply for extension of time after the statutory period has lapsed.

Citation
plexus cotton ltd vs ushirombo cotton ginnery ltd another 2006 tzhccomd 50 3 february 2006
Parties
Plaintiff: Plexus Cotton Limited; 1st Defendant: Ushirombo Cotton Ginnery Ltd; 2nd Defendant: Stanbic Bank Tanzania
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
3 February 2006
Procedural Posture
Commercial Case / Ruling on Application for Default Judgment and Extension of Time
Outcome
Application for extension of time struck out; application for default judgment partially allowed
Legal Topics
Default Judgment, Receivership, Extension of Time, Breach of Contract
Source Language
English
Civil Procedure Commercial Law Default Judgment Receivership Extension of Time Breach of Contract

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Parties

Plexus Cotton Limited

Plaintiff

Ushirombo Cotton Ginnery Ltd

1st Defendant

Stanbic Bank Tanzania

2nd Defendant

Procedural Posture

Commercial Case / Ruling on Application for Default Judgment and Extension of Time

Legal Issues

  1. 1 Effect of appointment of receiver after expiry of time to file defence
  2. 2 Whether extension of time to file defence can be granted after expiry of statutory period

Ratio Decidendi

Appointment of a receiver/manager after expiry of time to file defence does not affect the operation of Order VIII Rule 2 of the Civil Procedure Code 1966 as amended; neither the company nor the receiver/manager can apply for extension of time after the statutory period has lapsed.

Court Disposition

Application for extension of time struck out; application for default judgment partially allowed

Orders

  • Case against 1st defendant to proceed ex parte
  • Trial to proceed together with 2nd defendant