Zambia Cargo Logistic Co LTD Vs Tanzania Tea Blenders (2002) LTD Another (Civil Review 27 of 2018) 2019 TZHC 36 (17 October 2019)
Zambia Cargo Logistic Co LTD Vs Tanzania Tea Blenders (2002) LTD Another (Civil Review 27 of 2018) 2019 TZHC 36 (17 October 2019)
Zambia Cargo Logistic Co LTD Vs Tanzania Tea Blenders (2002) LTD Another (Civil Review 27 of 2018) 2019 TZHC 36 (17 October 2019)
RULING
Date of Last Order: 13/6/2019
S.M. Kulita, J.
This is an application for review filed by the Applicant, ZAMBIA
CARGO & LOGISTICS COMPANY LIMITED (Formerly MOFED
TANZANIA LIMITED) against TANZANIA TEA BLENDERS (2002)
LIMITED (1st Respondent) and YUSUFU NAWAB MULLA (2nd
Respondent). It originates from the Land Case No. 49 of 2017.
The applicant is represented by the Learned Counsel ELISA ABEL
MSUYA - Advocate while the Respondent is represented by the
Learned Counsel BENJAMIN MARWA - Advocate. The application
has been made under S.78 (b) and O.XLII, r.l(b) of the Civil
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Procedure Code [Cap. 33 R.E 2002] hereinafter refered to as CPC.
The counsel submitted that the said period for leave should
therefore not exceed an aggregate period of 42 days. He said
that by the time leave was granted for the Defendant to file a
WSD the said period of 42 days had already lapsed. It was
therefore not proper for the trial Judge to grant extension.
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the said WSD in 21 days from that 12/10/2017 they (Defendants)
did file a Misc. Land. Appl. No. 144/2017 on the 20/10/2017.
However, the said application was dismissed on 13/8/2018. He
said that he did file the said Written Statement of Defence on
27/8/2018. He said that under O.VIII, r.l(2) of the CPC the
number of days that had passed after filing of the Appl. No.
144/2017 which is 20/10/2017 and the date that the said
application was dismissed, that is 13/8/2018 should be excluded.
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Mr. Benjamin Marwa (Advocate) also prayed for the court to
regard the Overriding Objective Rules under S.2B(1) (a) of the
CPC as amended by S.3(a) and (d) of the Misc. Amendment Act
No. 3 of 2018. He said that for the sake of justice through the
Principles of Natural Justice both parties should be heard, that it is
the constitutional right. The Respondent's Advocate said that the
grant of prayer to file WSD by the defendant does not lead to any
miscarriage of justice to the Applicant.
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Respondents to file the said pleading while the time for them to
do so had expired.
(2).
.............................. not applied.
.................................. "
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V.R, Criminal Appeal No. 4 of 2007, CAT at Dodoma
(unreported) was cited. The court said;
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submissions that the Judge has no jurisdiction to grant the
prayer for extension of time is a misconception. Had that
been the case Advocate for the applicant was to mention the
court or a person to whom those powers have been vested. I
think it was enough for him to say that the Judge/Court had
overlooked by granting the said prayer. Therefore the issue
of jurisdiction does not stand.
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Application No. 44/2017 the number of days had passed
before the court had granted the order for Respondents to
file WSD is 14 days, that is from 13/8/2018 (date of order) to
27/8/2018 (date of filing). Therefore there is no delay of over
42 days. Even if we add the eight days from 12/10/2017 the
date that the Respondents were for the first time ordered to
file WSD before they had lodged the Misc. Land. Application
No. 441/2017 on 20/10/2017 as an alternative to filing the
said reply (WSD), the total number of days becomes 8 plus
14 which is 22 days.
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49/2017 do not show any claim by the plaintiff (Zambia Cargo
& Logistic Company Limited) that the Defendant was yet to
file the WSD so that he could be served and file a Rejoinder
(Reply to WSD) thereto. Instead the Applicant came up to
raise it when the Respondent's (Defendant's) Counsel
informed the court on 13/8/2018 that he intends to file WSD
for that summary suit regarding failure of their application No.
441/2017 on that same date. It therefore comes into my
mind that the idea of objecting the Respondents/Defendants
to file WSD by the Applicant/Plaintiff is an afterthought.
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mandatory requirements for review according to the law. It is
therefore dismissed with costs.
S.M. Kulita
JUDGE
17/10/2019
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