On 24th November, 2014, the plaintiff (Respondent herein) filed a suit in this court against the defendant (applicant), claiming inter alia, for a sum of Tshs 96,450,000/= allegedly being money owed to the Respondent pursuant to an agreement for the supply of aggregates executed by them on 1st April, 2014. A summons to appear attached with the relevant plaint was served on the applicant on 8th December, 2014. After several adjournments of the main case, on 17th April, 2015, the defendant (applicant) lodged this application under section 93 of the Civil Procedure Code [Cap 33 R.E. 2002], seeking extension of time within which to file its Written Statement of Defence. The Respondent filed a counter affidavit resisting the application. During the hearing Counsel for the Respondent raised a point of law, arguing that section 93 of the Civil Procedure Code is not a proper provision for moving the court to grant the prayers sought.

