sumry high class ltd and another vs mussa shaibu msangi 2020 tzhccomd 2008 1 july 2020

sumry high class ltd and another vs mussa shaibu msangi 2020 tzhccomd 2008 1 july 2020

The affidavit in support of the application contained argumentative and conclusive statements in its core paragraphs, contrary to Order XIX Rule 3 of the Civil Procedure Code. Expunging these paragraphs left only introductory and historical statements, insufficient to support the application for extension of time. Additionally, the applicants failed to demonstrate any change in the status of the documents whose authenticity was previously questioned by the Court of Appeal, rendering the application futile and an abuse of process. The preliminary objections were therefore sustained and the application struck out with costs.

Citation
sumry high class ltd and another vs mussa shaibu msangi 2020 tzhccomd 2008 1 july 2020
Parties
Applicant: Sumry High Class Ltd; Applicant: Sumry Bus Services Ltd; Respondent: Mussa Shaibu M Sangi
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
1 July 2020
Procedural Posture
Miscellaneous Commercial Application / Ruling on Preliminary Objections to Application for Extension of Time
Outcome
Application struck out with costs
Legal Topics
Extension of Time, Affidavit Defects, Preliminary Objections, Appellate Jurisdiction, Abuse of Process
Source Language
English
Civil Procedure Appellate Practice Extension of Time Affidavit Defects Preliminary Objections Appellate Jurisdiction Abuse of Process

Case Brief

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Parties

Sumry High Class Ltd

Applicant

Sumry Bus Services Ltd

Applicant

Mussa Shaibu M Sangi

Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Preliminary Objections to Application for Extension of Time

Legal Issues

  1. 1 Whether the affidavit in support of the application was incurably defective for containing arguments and conclusions contrary to Order XIX Rule 3 of the Civil Procedure Code
  2. 2 Whether the application for extension of time was maintainable in light of the Court of Appeal's previous ruling and unchanged circumstances regarding document authenticity
  3. 3 Whether the application was misconceived as it sought to re-agitate issues already determined by the Court of Appeal

Ratio Decidendi

The affidavit in support of the application contained argumentative and conclusive statements in its core paragraphs, contrary to Order XIX Rule 3 of the Civil Procedure Code. Expunging these paragraphs left only introductory and historical statements, insufficient to support the application for extension of time. Additionally, the applicants failed to demonstrate any change in the status of the documents whose authenticity was previously questioned by the Court of Appeal, rendering the application futile and an abuse of process. The preliminary objections were therefore sustained and the application struck out with costs.

Court Disposition

Application struck out with costs

Orders

  • The preliminary points of objection are sustained.
  • The application for extension of time is struck out with costs.