tanzania fertilizer co ltd vs national insurance corporation of tanzania limited another 2006 tzhc 209 18 december 2006

tanzania fertilizer co ltd vs national insurance corporation of tanzania limited another 2006 tzhc 209 18 december 2006

The application for departure from the scheduling order was time barred as it was made after the expiry of the deadline. The court's discretion to enlarge time is fettered by the speed tracks and scheduling orders, and applications for departure must be made before the expiry of the deadline. The Plaintiff failed to do so, and the application was dismissed with costs.

Citation
tanzania fertilizer co ltd vs national insurance corporation of tanzania limited another 2006 tzhc 209 18 december 2006
Parties
Plaintiff: Tanzania Fertilizer Co. Ltd; 1st Defendant: National Insurance Corporation of Tanzania Limited; 2nd Defendant: Presidential Parastatal Sector Reform Commission
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 December 2006
Procedural Posture
Commercial Case / Ruling on Application for Departure From Scheduling Order and Extension of Time
Outcome
Application dismissed with costs
Legal Topics
Scheduling Orders, Extension of Time, Limitation of Actions
Source Language
English
Civil Procedure Scheduling Orders Extension of Time Limitation of Actions

Case Brief

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Parties

Tanzania Fertilizer Co. Ltd

Plaintiff

National Insurance Corporation of Tanzania Limited

1st Defendant

Presidential Parastatal Sector Reform Commission

2nd Defendant

Procedural Posture

Commercial Case / Ruling on Application for Departure From Scheduling Order and Extension of Time

Legal Issues

  1. 1 Whether the application for departure from the scheduling order was time barred
  2. 2 Whether the court can grant extension of time under section 93 of the Civil Procedure Code after expiry of the scheduling order

Ratio Decidendi

The application for departure from the scheduling order was time barred as it was made after the expiry of the deadline. The court's discretion to enlarge time is fettered by the speed tracks and scheduling orders, and applications for departure must be made before the expiry of the deadline. The Plaintiff failed to do so, and the application was dismissed with costs.

Court Disposition

Application dismissed with costs

Orders

  • Application for departure from scheduling order is dismissed with costs
  • Plaintiff may apply for extension of time within which to apply for departure or amendment of the scheduling order