tib development bank limited vs space development company limited and 4 others 2022 tzhc 13488 22 march 2022

tib development bank limited vs space development company limited and 4 others 2022 tzhc 13488 22 march 2022

The delay in filing the amended plaint was due to technical difficulties and did not cause injustice to the defendants; the overriding objective principle empowers the court to allow the matter to proceed on merits despite procedural lapses.

Citation
tib development bank limited vs space development company limited and 4 others 2022 tzhc 13488 22 march 2022
Parties
Plaintiff: TIB Development Bank Limited; Defendant: Space & Development Company Limited; Defendant: Dr. Ally H. Namangaya; Defendant: Nestory E. Yamungu; Defendant: Subiro O. Mwapinga; Defendant: Kassim Meja Kapalata
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 March 2022
Procedural Posture
Civil Case / Ruling on Preliminary Objection
Outcome
Preliminary objection overruled; suit to proceed on merits.
Legal Topics
Extension of Time, Overriding Objective, Technical Delay, Filing Out of Time
Source Language
English
Civil Procedure Extension of Time Overriding Objective Technical Delay Filing Out of Time

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

TIB Development Bank Limited

Plaintiff

Space & Development Company Limited

Defendant

Dr. Ally H. Namangaya

Defendant

Nestory E. Yamungu

Defendant

Subiro O. Mwapinga

Defendant

Kassim Meja Kapalata

Defendant

Procedural Posture

Civil Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the amended plaint filed out of time without leave of court is fatal to the suit

Ratio Decidendi

The delay in filing the amended plaint was due to technical difficulties and did not cause injustice to the defendants; the overriding objective principle empowers the court to allow the matter to proceed on merits despite procedural lapses.

Court Disposition

Preliminary objection overruled; suit to proceed on merits.

Orders

  • Main suit placed for hearing on merit
  • No order as to costs