19960402 TZHC Dar es Salaam

19960402 TZHC Dar es Salaam

The plaintiff's failure to produce the documents with the plaint or list was not due to negligence but to circumstances beyond their control. The rules allow for discretion where good cause is shown. Since the documents existed at the time of suit and their genuineness is not in question, leave to produce them is granted except for the fifth group of documents, which would give limitless latitude to the plaintiff and be unfair to the defendant.

Citation
19960402 TZHC Dar es Salaam
Parties
Plaintiff: WS NASOI RIANSA CO; Defendant: MAGUNJA
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 April 1996
Procedural Posture
Civil Suit / Interlocutory Application for Leave to Produce Documents
Outcome
Application allowed in part
Legal Topics
Production of Documents, Leave of Court, Procedural Compliance
Source Language
English
Civil Procedure Production of Documents Leave of Court Procedural Compliance

Case Brief

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Parties

WS NASOI RIANSA CO

Plaintiff

MAGUNJA

Defendant

Procedural Posture

Civil Suit / Interlocutory Application for Leave to Produce Documents

Legal Issues

  1. 1 Whether the plaintiff should be granted leave to produce documents not filed with the plaint or listed initially
  2. 2 Whether failure to comply with Order VII Rule 14 and Order XIII Rule 1 bars production of documents at a later stage

Ratio Decidendi

The plaintiff's failure to produce the documents with the plaint or list was not due to negligence but to circumstances beyond their control. The rules allow for discretion where good cause is shown. Since the documents existed at the time of suit and their genuineness is not in question, leave to produce them is granted except for the fifth group of documents, which would give limitless latitude to the plaintiff and be unfair to the defendant.

Court Disposition

Application allowed in part

Orders

  • Leave granted to produce the following documents: loan ledger card (bank statement), payment vouchers, letters of hypothecation, and chattel transfer deeds.
  • Application regarding the fifth group of documents is refused.