rannah commercial enterprises ltd another vs biharamulo co operative ltd 2004 tzca 66 13 july 2004
- Citation
- rannah commercial enterprises ltd another vs biharamulo co operative ltd 2004 tzca 66 13 july 2004
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZCA
- Decision
- 13 July 2004
- Posture
- Civil Application / Adjournment Order
- Language
- English
More details
- Court
- TZCA
- Decision
- 13 July 2004
- Posture
- Civil Application / Adjournment Order
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The application is adjourned due to the indisposition of respondent's counsel, but the court directs that future adjournments should be sought by letter, not by personal appearance.
Court disposition
adjourned
Orders
- Application adjourned to the next sessions.
02
Material facts
Parties
Rannah Commercial Enterprises Ltd.
ApplicantTanzania Cotton Ginners Co. Ltd
ApplicantBiharamulo Co-operative (1986) Ltd
Respondent Counsel: Mr. Muhula03
Procedural history
Posture
Civil Application / Adjournment Order
04
Questions and positions
Legal issues
- 01
Whether the application should be adjourned due to respondent's counsel's indisposition
- 02
Appropriate procedure for seeking adjournment
Party arguments
- Respondent
- Respondent's counsel, Mr. Muhula, is indisposed.
05
Court’s reasoning
Legal principles
- 01
Court's own directive
Adjournments should not be sought by sending someone personally to court but by written letter.
06
Ratio, limits and disposition
Ratio decidendi
The application is adjourned due to the indisposition of respondent's counsel, but the court directs that future adjournments should be sought by letter, not by personal appearance.
Obiter and limits
- The habit of seeking adjournment by a counsel writing a letter, and not sending someone to court personally to seek adjournment, should stop.
Court disposition
adjourned
- Application adjourned to the next sessions.
Source and reliance status
TZCA · 13 July 2004
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Judgment reading view
Judgment text
The complete available source text.
TZCA
Judgment· 13 July 2004
IN THE COURT OF APPEAL OF TANZANIA
AT MWANZA (CORAM: RAMADHANI, J. A.. MUNUO, 3.A. And MSOFFE, 3.A.^ MZA CIVIL APPLICATION NO. 10 OF 2002
BETWEEN 1. RANNAH COMMERCIAL ENTERPRISES LTD.
2. TANZANIA COTTON GINNERS CO. LTD................... APPLICANTS AND BIHARAMULO CO-OPERATIVE (1986) LTD................... RESPONDENT (Application for review of an order of the High Court of Tanzania at Mwanza) (Masanche, 3.^ dated the 22nd day of August, 2002 in HC Misc. Civil Application No. 3 of 2002
ORDER RAMADHANI. 3.A.: The application is adjourned to the next sessions because Mr. Muhula, ' learned advocate for the respondent, is indisposed. We want to put it on record that this Court wants the habit of seeking adjournment by a counsel writing a letter, and not sending someone to court personally to seek adjournment, to stop. DATED at MWANZA this 13th day of July, 2004. A.S.L. RAMADHANI 3USTICE OF APPEAL E. N. MUNUO 3USTICE OF APPEAL J. H. M S O F F E ^ ) 3USTICE OF APPEAL I certify that this is a true copy of the original.
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