KG Corporation Group Ltd versus Said Salim Bakhresa & Co Ltd

KG Corporation Group Ltd versus Said Salim Bakhresa & Co Ltd; Misc Commercial Application No 287 of 2016: High Court of Tanzania (Commercial Division) at Dar es Salaam.

  • Civil Procedure
  • Commercial Court Rules – Admission of claim and request of time to pay.

 

  • Extension of time – sufficient reasons must be in accordance with judicial principles.

Held:-

(i)  A party who admits claim may give notice by his pleading or otherwise in writing that he admits the truth of the whole or any party of the case of any other party and file a request of time to pay as per Rule 25(2) of the Commercial Court Rules, 2012.  The request for time to pay must be supported by a statement of his financial position including details of his bank account.

(ii) Courts have discretion to extend the period of limitation upon reasonable or sufficient cause. However, sufficient cause must be in accordance with judicial principles and not out of sympathy.

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