richard augustine zuberi vs ally mondoma 1998 tzhc 2006 12 october 1998

The application for extension of time was dismissed because it was filed outside the mandatory 21-day period after default, and no sufficient reason was provided for the delay.

Citation: richard augustine zuberi vs ally mondoma 1998 tzhc 2006 12 october 1998
Parties: Plaintiff: Richard Augustine Zuberi; Defendant: Ally Mondoma
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 12 October 1998
Procedural Posture: Civil / Ruling on Application for Extension of Time to File Written Statement of Defence
Outcome: Application dismissed with costs
Legal Topics: Extension of Time, Written Statement of Defence, Civil Procedure Code Compliance
Source Language: English

Civil Procedure Extension of Time Written Statement of Defence Civil Procedure Code Compliance

Case Brief

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Parties

Richard Augustine Zuberi

Plaintiff

Ally Mondoma

Defendant

Procedural Posture

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

Legal Issues

1 Whether the defendant's application for extension of time to file written statement of defence should be granted
2 Whether the application was made within the statutory period under Order 8, Rule 1 and 2 of the Civil Procedure Code as amended

Ratio Decidendi

The application for extension of time was dismissed because it was filed outside the mandatory 21-day period after default, and no sufficient reason was provided for the delay.

Court Disposition

Application dismissed with costs

Orders

Application for extension of time to file written statement of defence is dismissed
Applicant to pay costs