Total Tanzania Limited versus Zenon Oil and Gas; Misc Commercial Cause No 2 19 of 2015: High Court of Tanzania (Commercial Division) at Dar es Salaam (Unreported).
- Civil Procedure
- Commercial Court Rules – witness statement – application for extension of time within which to file witness statement – what is the proper provision?
- Wrong citation - wrong citation of enabling provision – Effect.
Held:-
(i) The relevant provisions to move the Commercial Court in an application for extension of time within which to file witness statement are Rule 2(1) of the Commercial Court Rules and section 95 of the Civil Procedure Code.
(ii) Non – citation and / or wrong citation of an enabling provision render the proceedings incompetent. (Cited Chama cha Walimu Tanzania versus The AG, Civil Application No151 of 2008 (CA) (Unreported).