LAND CASE NO

LAND CASE NO

The court held that although Order VIII Rule 1(3) of the Civil Procedure Code sets a strict timeline for filing a Written Statement of Defence and for seeking extension, section 93 of the Code gives the court discretion to enlarge time if good cause is shown, even after expiry of the prescribed period. The delay of 15 days was not inordinate, and the illness of the advocate responsible for the case constituted sufficient cause. The court found no prejudice to the plaintiff and granted the extension.

Citation
LAND CASE NO
Parties
Plaintiff: Valance Matunda; 1st Defendant: Asha Zuberi Mwinyimvua (As legal personal representative of Zuberi Mzee Mwinyimvua, Deceased); 2nd Defendant: Hadija Zuberi Mwinyimvua (As legal personal representative of Zuberi Mwinyimvua, Deceased); 3rd Defendant: Asha Zuberi Mwinyimvua; 4th Defendant: Hadija Zuberi Mwinyimvua; 5th Defendant: The Commissioner for Lands; 6th Defendant: The Registrar of Titles; 7th Defendant: The State Attorney; 8th Defendant: Raxio Data Centre Tanzania Limited; 9th Defendant: Radi Contractors Company Limited; 10th Defendant: Joanitha Kazinja; 11th Defendant: Hadija Milulu; 12th Defendant: Shukrani Stephan Kyando
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Land Case / Ruling on Preliminary Objection Regarding Extension of Time to File Written Statement of Defence
Outcome
Application for extension of time granted
Legal Topics
Extension of Time, Written Statement of Defence, Court Discretion, Procedural Compliance
Source Language
English
Civil Procedure Land Law Extension of Time Written Statement of Defence Court Discretion Procedural Compliance

Case Brief

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Parties

Valance Matunda

Plaintiff

Asha Zuberi Mwinyimvua (As legal personal representative of Zuberi Mzee Mwinyimvua, Deceased)

1st Defendant

Hadija Zuberi Mwinyimvua (As legal personal representative of Zuberi Mwinyimvua, Deceased)

2nd Defendant

Asha Zuberi Mwinyimvua

3rd Defendant

Hadija Zuberi Mwinyimvua

4th Defendant

The Commissioner for Lands

5th Defendant

The Registrar of Titles

6th Defendant

The State Attorney

7th Defendant

Raxio Data Centre Tanzania Limited

8th Defendant

Radi Contractors Company Limited

9th Defendant

Joanitha Kazinja

10th Defendant

Hadija Milulu

11th Defendant

Shukrani Stephan Kyando

12th Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection Regarding Extension of Time to File Written Statement of Defence

Legal Issues

  1. 1 Whether the court has jurisdiction to grant extension of time to file Written Statement of Defence after statutory period
  2. 2 Whether sufficient cause was shown for delay in filing defence

Ratio Decidendi

The court held that although Order VIII Rule 1(3) of the Civil Procedure Code sets a strict timeline for filing a Written Statement of Defence and for seeking extension, section 93 of the Code gives the court discretion to enlarge time if good cause is shown, even after expiry of the prescribed period. The delay of 15 days was not inordinate, and the illness of the advocate responsible for the case constituted sufficient cause. The court found no prejudice to the plaintiff and granted the extension.

Court Disposition

Application for extension of time granted

Orders

  • 5th to 7th defendants to file their Written Statement of Defence within two days from the date of the order
  • No order as to costs