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Civil procedure abid ally sykes alias abid ally kleist sykes ta afrinet ltd vs m pesa ltd 2024 tzhccomd 5 7 february 2024

abid ally sykes alias abid ally kleist sykes ta afrinet ltd vs m pesa ltd 2024 tzhccomd 5 7 february 2024

Court
TZHCCOMD

The 14-day period for filing witness statements under Rule 49(2) of the Commercial Court Rules includes the date of the final pretrial conference. The plaintiff's witness statement was filed out of time and must be struck out. With no admissible witness statement, the suit is dismissed for want of prosecution.

Source excerpt

  • Computation of time
  • Filing deadlines
  • Dismissal for want of prosecution
  • Interpretation of procedural rules
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Labour law TARGET BRANDS LIMITED V

TARGET BRANDS LIMITED V

Court
TANZLII

The fourteen days granted to file the revision expired on a working day (Friday, 29th November 2024). The applicant failed to file within that period, and subsequent non-working days cannot be excluded to extend the limitation period. The application is therefore time barred.

Source excerpt

  • Limitation period
  • Filing deadlines
  • Revision applications
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Civil image0017

image0017

Court
TANZLII

The appellant's failure to file written submissions within the prescribed time, without seeking extension, constitutes failure to prosecute the appeal, warranting dismissal.

Source excerpt

  • Failure to prosecute
  • Filing deadlines
  • Court orders
  • Dismissal for want of prosecution
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Civil procedure civil decision 2024 NJIGA SIMIONE

civil decision 2024 NJIGA SIMIONE

Court
TANZLII

Both the initial petition of appeal and the amended petition were filed out of time, rendering the appeal incompetent and warranting dismissal.

Source excerpt

  • Extension of time
  • Filing deadlines
  • Dismissal for want of prosecution
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Land law Land appeal 26058 of 2023

Land appeal 26058 of 2023

Court
TANZLII

The amended petition of appeal and supporting submissions were filed outside the time prescribed by the court without leave. As a result, the appeal is deemed not to have been prosecuted and is dismissed for want of prosecution.

Source excerpt

  • Appeal procedure
  • Jurisdiction
  • Marriage status
  • Filing deadlines
  • Prosecution of appeal
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Civil procedure the registered trustees of evangelistic assemblies of god tanzania eagt tarime vs nyambaso wilson mwita and another 2021 tzhc 6505 30 september 2021

the registered trustees of evangelistic assemblies of god tanzania eagt tarime vs nyambaso wilson mwita and another 2021 tzhc 6505 30 september 2021

Court
TZHC

The DLHT erred in law by rejecting the applicant's written submissions filed on the next working day after a public holiday, thereby prejudicing the applicant's right to be heard.

Source excerpt

  • Right to be heard
  • Filing deadlines
  • Costs taxation
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Civil procedure kenafric industries limited vs lakairo investment co limited 2020 tzhccomd 2096 12 november 2020

kenafric industries limited vs lakairo investment co limited 2020 tzhccomd 2096 12 november 2020

Court
TZHCCOMD

Both plaintiff and defendant failed to file witness statements within the statutory period prescribed by Rule 49(2) of the Commercial Court Rules, and neither party sought extension of time; this procedural default is fatal and warrants striking out witness statements and dismissal of both main case and counterclaim.

Source excerpt

  • Filing deadlines
  • Witness statements
  • Extension of time
  • Dismissal for procedural default
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Civil procedure akiba commercial bank plc vs uap tanzania company ltd 2020 tzhccomd 2038 4 september 2020

akiba commercial bank plc vs uap tanzania company ltd 2020 tzhccomd 2038 4 september 2020

Court
TZHCCOMD

The court held that since its order used the phrase 'from today', section 60(1)(b) applies and the day of the order is excluded; thus, the plaintiff's witness statement filed on 25/06/2020 was within time.

Source excerpt

  • Computation of time
  • Filing deadlines
  • Witness statements
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Civil procedure africarries ltd vs shirika la usafiri dar es salaam and another 2020 tzhccomd 1969 25 august 2020

africarries ltd vs shirika la usafiri dar es salaam and another 2020 tzhccomd 1969 25 august 2020

Court
TZHCCOMD

Failure to comply with a mandatory court order to file witness statements and additional documents within the prescribed time, without seeking extension, constitutes disobedience of court orders and is equivalent to failure to prosecute the case. The overriding objective principle cannot be invoked to cure such non-compliance. The suit must be dismissed for want of prosecution.

Source excerpt

  • Compliance with court orders
  • Filing deadlines
  • Extension of time
  • Overriding objective principle
  • Dismissal for want of prosecution
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Civil procedure STANDARD CHATERED BANK T LTD VS GOMBA ESTATE GEL LTD COMM CASE NO

STANDARD CHATERED BANK T LTD VS GOMBA ESTATE GEL LTD COMM CASE NO

Court
TANZLII

The 14-day period for filing witness statements under Rule 49(2) of the High Court (Commercial Division) Rules includes the date of the Final Pretrial Conference. The Defendant's witness statements filed on 29th February 2024 were out of time and must be struck out. The Defendant's counterclaim is dismissed for want of prosecution, and the Plaintiff is allowed to proceed ex parte.

Source excerpt

  • Computation of time
  • Filing deadlines
  • Witness statements
  • Striking out pleadings
  • Counterclaim procedure
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About this LexChat collection

Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.