maureen george mboww jililwa another vs twiga bancorp ltd 5 others 2021 tzhclandd 6867 13 december 2021

maureen george mboww jililwa another vs twiga bancorp ltd 5 others 2021 tzhclandd 6867 13 december 2021

Despite serious delay, the court found that the stay of proceedings pending appeal could have derailed service and, in the interest of justice, granted the plaintiff a final opportunity to serve the 2nd defendant.

Citation
maureen george mboww jililwa another vs twiga bancorp ltd 5 others 2021 tzhclandd 6867 13 december 2021
Parties
1st Plaintiff: Maureen George Mbowe Jiliwa; 2nd Plaintiff: Maureen George Mbowe (as guardian of Barick Beckam Jiliwa and Barack George Jiliwa); 1st Defendant: Twiga Bancorp Ltd; 2nd Defendant: Said Musa Mswaki; 3rd Defendant: Nondo Kalombola t/a N.J Petroleum S.P.R.L; 4th Defendant: Aman Etcha; 5th Defendant: A.K. Mamba t/a Mamba Auction Mart Co. Ltd; 6th Defendant: Sudi Khasim Sudi
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
13 December 2021
Procedural Posture
Land Case / Ruling on Application for Re Service of Summons to 2nd Defendant After Preliminary Objection
Outcome
Plaintiff granted a final opportunity to serve the 2nd defendant.
Legal Topics
Service of Summons, Abuse of Process, Delay in Proceedings
Source Language
English
Civil Procedure Land Law Service of Summons Abuse of Process Delay in Proceedings

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Parties

Maureen George Mbowe Jiliwa

1st Plaintiff

Maureen George Mbowe (as guardian of Barick Beckam Jiliwa and Barack George Jiliwa)

2nd Plaintiff

Twiga Bancorp Ltd

1st Defendant

Said Musa Mswaki

2nd Defendant

Nondo Kalombola t/a N.J Petroleum S.P.R.L

3rd Defendant

Aman Etcha

4th Defendant

A.K. Mamba t/a Mamba Auction Mart Co. Ltd

5th Defendant

Sudi Khasim Sudi

6th Defendant

Procedural Posture

Land Case / Ruling on Application for Re Service of Summons to 2nd Defendant After Preliminary Objection

Legal Issues

  1. 1 Whether the plaintiff should be granted a further opportunity to serve the 2nd defendant after prolonged delay and stay of proceedings

Ratio Decidendi

Despite serious delay, the court found that the stay of proceedings pending appeal could have derailed service and, in the interest of justice, granted the plaintiff a final opportunity to serve the 2nd defendant.

Court Disposition

Plaintiff granted a final opportunity to serve the 2nd defendant.

Orders

  • Plaintiff to serve the 2nd defendant; this is the last chance granted for service.