mgana vs palav and others 2008 tzhc 9 18 august 2008

mgana vs palav and others 2008 tzhc 9 18 august 2008

Where no Speed Track has been fixed by the Court, the suit cannot be struck out for non-compliance with Speed Track requirements; the failure is attributable to the Court, not the parties.

Citation
mgana vs palav and others 2008 tzhc 9 18 august 2008
Parties
1st Defendant: Paritosh Palav; 2nd Defendant: Editor The Express; 3rd Defendant: Media Holding (T) Ltd; 4th Defendant: National Newspapers Ltd; Plaintiff: Unknown (Plaintiff)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 August 2008
Procedural Posture
Civil / Ruling on Preliminary Objection
Outcome
Preliminary Objection dismissed with costs.
Legal Topics
Speed Track System, Preliminary Objection, Case Management, Extension of Time
Source Language
English
Civil Procedure Speed Track System Preliminary Objection Case Management Extension of Time

Case Brief

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Parties

Paritosh Palav

1st Defendant

Editor The Express

2nd Defendant

Media Holding (T) Ltd

3rd Defendant

National Newspapers Ltd

4th Defendant

Unknown (Plaintiff)

Plaintiff

Procedural Posture

Civil / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the suit is incompetent to proceed for non-compliance with Speed Track requirements under O. VIII A r. 3 (1) of the Civil Procedure Code

Ratio Decidendi

Where no Speed Track has been fixed by the Court, the suit cannot be struck out for non-compliance with Speed Track requirements; the failure is attributable to the Court, not the parties.

Court Disposition

Preliminary Objection dismissed with costs.

Orders

  • Hearing fixed for 19/9/2008.
  • Mr. Mustafa Chanda for 2nd and 3rd defendants to be notified.