shell t ltd vs super star forwarders co ltd 2011 tzhccomd 2108 19 august 2011

shell t ltd vs super star forwarders co ltd 2011 tzhccomd 2108 19 august 2011

Although the applicant failed to cite subsection (e) of section 68, this omission does not render the application incompetent because section 93, complemented by section 95, empowers the court to grant leave to file rejoinder submissions out of time, given the established practice of written submissions.

Citation
shell t ltd vs super star forwarders co ltd 2011 tzhccomd 2108 19 august 2011
Parties
Petitioner: Shell Tanzania Limited; Respondent: Super Star Forwarders Company Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
19 August 2011
Procedural Posture
Miscellaneous Civil Cause / Ruling on Preliminary Objection Regarding Application for Leave to File Rejoinder Submissions Out of Time
Outcome
Application granted in part
Legal Topics
Extension of Time, Wrong Citation of Law, Inherent Powers of Court, Written Submissions, Arbitral Award Enforcement
Source Language
English
Civil Procedure Arbitration Extension of Time Wrong Citation of Law Inherent Powers of Court Written Submissions Arbitral Award Enforcement

Case Brief

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Parties

Shell Tanzania Limited

Petitioner

Super Star Forwarders Company Limited

Respondent

Procedural Posture

Miscellaneous Civil Cause / Ruling on Preliminary Objection Regarding Application for Leave to File Rejoinder Submissions Out of Time

Legal Issues

  1. 1 Whether failure to cite the specific subsection of section 68 of the Civil Procedure Code renders the application incompetent
  2. 2 Whether section 93 of the Civil Procedure Code applies to enlargement of time for filing rejoinder submissions
  3. 3 Whether section 95 of the Civil Procedure Code can be invoked for leave to file rejoinder submissions out of time

Ratio Decidendi

Although the applicant failed to cite subsection (e) of section 68, this omission does not render the application incompetent because section 93, complemented by section 95, empowers the court to grant leave to file rejoinder submissions out of time, given the established practice of written submissions.

Court Disposition

Application granted in part

Orders

  • Applicant granted leave to file rejoinder submissions within seven days from the date of the order
  • No order as to costs; each party to bear its own costs