20031117 TZHC Dar es Salaam

20031117 TZHC Dar es Salaam

The court found that there was insufficient evidence to prove proper service on the 2nd defendant as required by Order V Rule 15 CPC, and therefore granted the application for extension of time to file a written statement of defence, giving retrospective effect to the previously filed defence.

Citation
20031117 TZHC Dar es Salaam
Parties
Plaintiff/respondent: Mehboob Hassanali Versl; 1st Defendant: Murtaza Mohamed Raza Virani; 2nd Defendant/applicant: Mrs. Rubab Mohamed Raza Virani
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 November 2003
Procedural Posture
Commercial Case / Ruling on Application for Extension of Time to File Written Statement of Defence
Outcome
application granted
Legal Topics
Service of Summons, Extension of Time, Written Statement of Defence, Order V Rule 15 CPC
Source Language
English
Civil Procedure Service of Summons Extension of Time Written Statement of Defence Order V Rule 15 CPC

Case Brief

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Parties

Mehboob Hassanali Versl

Plaintiff/respondent

Murtaza Mohamed Raza Virani

1st Defendant

Mrs. Rubab Mohamed Raza Virani

2nd Defendant/applicant

Procedural Posture

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

Legal Issues

  1. 1 Whether service of summons on the 2nd defendant was proper under Order V Rule 15 CPC
  2. 2 Whether the 2nd defendant should be granted extension of time to file a written statement of defence

Ratio Decidendi

The court found that there was insufficient evidence to prove proper service on the 2nd defendant as required by Order V Rule 15 CPC, and therefore granted the application for extension of time to file a written statement of defence, giving retrospective effect to the previously filed defence.

Court Disposition

application granted

Orders

  • Extension of time to file written statement of defence by the 2nd defendant is granted with retrospective effect to 15/10/2003.
  • Plaintiff to file reply by 3/12/2003.