Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Tanzania decisions
Decisions matching the current search
The High Court ordered discovery of bank statements and contract documents, holding the application was properly before the court, relevant, and not barred by confidentiality.
The court held that filing of witness statements does not mark the commencement of hearing under the Civil Procedure Code. Inspection of documents, including the valuation report, may be ordered at any stage if relevant to the issues. The defendant failed to provide sufficient grounds to waive or vary the previous order granting plaintiffs access to the valuation report. The plaintiffs are entitled to access and peruse the valuation report to the extent it concerns them.
Source excerpt
The application for discovery was filed without leave of the court to depart from the scheduling order, contravening Order VIII, Rule 23 of the CPC. Therefore, the application is incompetent and must be struck out with costs.
Source excerpt
Discovery of documents is granted where the documents sought are specific, relevant to the pending suit, and in the possession or control of the party from whom discovery is sought. Affidavits sworn by advocates are competent if they relate to matters within their knowledge and the advocates are involved in the conduct of the case. Requests that are general or speculative, or for documents not in the possession of the Respondent, are denied.
Source excerpt
The application for discovery fails because the Applicant did not establish that the Respondent is in possession of the requested documents, and the application amounts to a fishing expedition rather than a necessary step for fair disposal of the suit. The minimum criteria for discovery under Order XI Rule 10 of the Civil Procedure Code were not satisfied.
Source excerpt
The respondent, as a company, is required by law to have and maintain the requested financial statements and related documents. Even if the documents are lodged with the Registrar of Companies, they are not accessible to the public or the applicant without the respondent's intervention. Therefore, the respondent is obligated to obtain and produce the documents for discovery as requested by the applicant.
Source excerpt
The High Court ordered discovery and production of land-transfer documents, finding the respondents’ explanations about possession and handover were contradictory.
The High Court of Tanzania held that discovery applications under Order 11 may be made at any time, but the applicant could not pursue two similar applications on the same subject.
Explore more
