RULING The Attorney General vs

RULING The Attorney General vs

The right to be heard is paramount and outweighs procedural delays in filing a counter affidavit. The principles in Lyamuya Construction Co. Ltd do not apply to applications for extension of time to file pleadings. The applicant will not be prejudiced by granting the extension, and justice requires the 1st respondent be allowed to file the counter affidavit.

Citation
RULING The Attorney General vs
Parties
Applicant: The Attorney General; 1st Respondent: Abel Matabwa; 2nd Respondent: Erasto Farax Swai; 3rd Respondent: Patty Interplan Limited; 4th Respondent: Mbinga District Council
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
2 September 2024
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time to File Counter Affidavit
Outcome
Application for extension of time granted
Legal Topics
Extension of Time, Right to Be Heard, Counter Affidavit, Court Discretion
Source Language
English
Civil Procedure Extension of Time Right to Be Heard Counter Affidavit Court Discretion

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Parties

The Attorney General

Applicant

Abel Matabwa

1st Respondent

Erasto Farax Swai

2nd Respondent

Patty Interplan Limited

3rd Respondent

Mbinga District Council

4th Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time to File Counter Affidavit

Legal Issues

  1. 1 Whether the 1st respondent has shown good cause for delay in filing counter affidavit
  2. 2 Whether the principles in Lyamuya Construction Co. Ltd apply to extension of time for filing pleadings

Ratio Decidendi

The right to be heard is paramount and outweighs procedural delays in filing a counter affidavit. The principles in Lyamuya Construction Co. Ltd do not apply to applications for extension of time to file pleadings. The applicant will not be prejudiced by granting the extension, and justice requires the 1st respondent be allowed to file the counter affidavit.

Court Disposition

Application for extension of time granted

Orders

  • 1st respondent to file counter affidavit within seven days from the date of the ruling