sultan bin ali bin hilal el esri vs mohamed hilal others 2016 tzhccomd 36 4 november 2016

sultan bin ali bin hilal el esri vs mohamed hilal others 2016 tzhccomd 36 4 november 2016

Applicant sufficiently explained delay due to unavailability of witness names caused by government transfers and reshuffles; court exercised discretion to grant extension for filing witness statements.

Citation
sultan bin ali bin hilal el esri vs mohamed hilal others 2016 tzhccomd 36 4 november 2016
Parties
Applicant: Sultan Bin Ali Bin Hilal El Esri; Respondent: Mohamed Hilal; Respondent: Mansour Hilal; Respondent: Bera Andrew
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
4 November 2016
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application for Leave to File Witnesses' Statements Out of Time
Outcome
Application granted in part
Legal Topics
Extension of Time, Witness Statements, Court Discretion
Source Language
English
Civil Procedure Commercial Law Extension of Time Witness Statements Court Discretion

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Parties

Sultan Bin Ali Bin Hilal El Esri

Applicant

Mohamed Hilal

Respondent

Mansour Hilal

Respondent

Bera Andrew

Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Application for Leave to File Witnesses' Statements Out of Time

Legal Issues

  1. 1 Whether sufficient cause has been shown to grant leave to file witnesses' statements out of time
  2. 2 Whether summons should issue to the Commissioner for Lands before filing witness statements

Ratio Decidendi

Applicant sufficiently explained delay due to unavailability of witness names caused by government transfers and reshuffles; court exercised discretion to grant extension for filing witness statements.

Court Disposition

Application granted in part

Orders

  • Leave to file witnesses' statements out of time granted; statements to be filed within seven days from date of ruling.
  • Prayer for issuance of summons to Commissioner for Lands refused.