tanways company ltd vsjamaa fast food limited and 3 others 2021 tzhclandd 47 23 march 2021

tanways company ltd vsjamaa fast food limited and 3 others 2021 tzhclandd 47 23 march 2021

The 1st and 2nd defendants failed to file their written statement of defence within the statutory and court-ordered period, did not seek extension in time, and their continued non-compliance amounts to gross negligence, justifying ex parte proceedings against them.

Citation
tanways company ltd vsjamaa fast food limited and 3 others 2021 tzhclandd 47 23 march 2021
Parties
Plaintiff: Tanways Company Ltd; 1st Defendant: Jamaa Fast Food Limited; 2nd Defendant: John Alfred Kyenkungu; 3rd Defendant: Equity Bank (Tanzania) Limited; 4th Defendant: Nutmeg Auctioneers & Property Managers Company Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
23 March 2021
Procedural Posture
Land Case / Ruling on Whether to Proceed Ex Parte or Inter Partes Against 1st and 2nd Defendants
Outcome
Suit to proceed ex parte against 1st and 2nd defendants; inter partes against 3rd and 4th defendants.
Legal Topics
Failure to File Defence, Ex Parte Proceedings, Compliance With Court Orders
Source Language
English
Civil Procedure Land Law Failure to File Defence Ex Parte Proceedings Compliance With Court Orders

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Parties

Tanways Company Ltd

Plaintiff

Jamaa Fast Food Limited

1st Defendant

John Alfred Kyenkungu

2nd Defendant

Equity Bank (Tanzania) Limited

3rd Defendant

Nutmeg Auctioneers & Property Managers Company Limited

4th Defendant

Procedural Posture

Land Case / Ruling on Whether to Proceed Ex Parte or Inter Partes Against 1st and 2nd Defendants

Legal Issues

  1. 1 Whether the suit should proceed ex parte or inter partes against the 1st and 2nd defendants for failure to file written statement of defence

Ratio Decidendi

The 1st and 2nd defendants failed to file their written statement of defence within the statutory and court-ordered period, did not seek extension in time, and their continued non-compliance amounts to gross negligence, justifying ex parte proceedings against them.

Court Disposition

Suit to proceed ex parte against 1st and 2nd defendants; inter partes against 3rd and 4th defendants.

Orders

  • Suit to proceed ex parte against 1st and 2nd defendants.
  • Suit to proceed inter partes against 3rd and 4th defendants.