tanways company ltd vs jamaa fast food limited and others 2021 tzhclandd 86 23 march 2021

tanways company ltd vs jamaa fast food limited and others 2021 tzhclandd 86 23 march 2021

Failure by 1st and 2nd defendants to file written statement of defence within statutory period and absence of application for extension constitutes gross negligence and warrants ex parte proceedings against them.

Citation
tanways company ltd vs jamaa fast food limited and others 2021 tzhclandd 86 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 Ex Parte/inter Parte Proceedings
Outcome
Suit to proceed ex parte against 1st and 2nd defendants; inter parte against 3rd and 4th defendants.
Legal Topics
Failure to File Written Statement of Defence, Ex Parte Proceedings, Compliance With Court Orders
Source Language
English
Civil Procedure Land Law Failure to File Written Statement of 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 Ex Parte/inter Parte Proceedings

Legal Issues

  1. 1 Whether to proceed ex parte or inter parte against defendants who failed to file written statement of defence

Ratio Decidendi

Failure by 1st and 2nd defendants to file written statement of defence within statutory period and absence of application for extension constitutes gross negligence and warrants ex parte proceedings against them.

Court Disposition

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

Orders

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