Expiry of the Scheduling Order in Civil Litigation. An Examination of Order Viii, Rule 23 (Amendment of the First Schedule) Gn.  No. 381 of 2019 of The Civil Procedure Code Act [Cap 33 R: E 2002]

Kasambo, Boniphace

dc.creator	Kasambo, Boniphace
dc.date	2020-08-16T11:44:18Z
dc.date	2020-08-16T11:44:18Z
dc.date	2019
dc.date.accessioned	2022-10-21T10:32:11Z
dc.date.available	2022-10-21T10:32:11Z
dc.identifier	APA
dc.identifier	http://hdl.handle.net/11192/3719
dc.identifier.uri	http://hdl.handle.net/11192/3719
dc.description	A Compulsory Research Report Submitted to Mzumbe University – Mbeya Campus College in Partial Fulfillment of the Requirement of the Award of Bachelor of Laws Degree (LL.B) of Mzumbe University.
dc.description	The problem of delay of cases has been critical in Tanzania for quite a long time. Ever since the introduction of adversarial system which came up with court procedures to determine matters of public or private that is criminal or civil matters, suits took long to finish, at times people died living their cases pending before the courts of law with no solution to their problems. Because the problem persisted in Tanzania mainland, being specific, individual citizens could not trust courts of law anymore for they presumed that even if they take their matters before the courts time will fly and they will not be served with justice. The situation changed and most people decided to take law into their hands in solving their problems it became so devastating because it increased criminals in the society, people could not take their matters before the courts because they knew that their time will only be wasted. The government noticed the problem; now using its two organs judiciary and legislature came with the idea of introducing mode of dispute resolution which are negotiations, mediation and arbitration. Hence, in determining mode of solving the case without trial, the court and the parties with their Advocates if any shall ascertain speed truck of the case (the pace which the trial of the suit shall take) and also make a scheduling order, setting out the dates or time for future events or steps in the case including the use of procedures for alternative dispute resolution. This research study analysis the intention of the legislature to establish speed track and scheduling order that by its nature bring confusion when the speed track expiry as a result employ technicality to the society. In this report therefore, the researcher is going to discuss the expiry of the scheduling order in civil litigation. An examination of Order VIII, Rule 23 (Amendment of the first Schedule) Gn. No. 381 of 2019 of the Civil Procedure Code Act [Cap 33 R:E 2002]. The report is presented in four chapters; chapter one is all introduction and background of the problem, research methodology and literature review. Chapter two is about conceptual and legal frame work. Chapter three is about the findings and its discussion and chapter four is about the summary of the report, conclusion and recommendation.
dc.language	en
dc.publisher	Mzumbe University
dc.subject	Scheduling Order in Civil Litigation
dc.subject	Civil Procedure
dc.subject	Civil Procedure Code Act [Cap 33 R: E 2002]
dc.title	Expiry of the Scheduling Order in Civil Litigation. An Examination of Order Viii, Rule 23 (Amendment of the First Schedule) Gn. No. 381 of 2019 of The Civil Procedure Code Act [Cap 33 R: E 2002]
dc.type	Thesis