19960726 TZHC Dar es Salaamrorate

19960726 TZHC Dar es Salaamrorate

The High Court has jurisdiction under s.11(1) of the Appellate Jurisdiction Act to extend time for filing a notice of appeal. The applicant's delay of one day was due to the absence of the cashier and was not deliberate. Sufficient grounds exist for granting the extension. The attachment order is lifted as adequate security has been deposited.

Citation
19960726 TZHC Dar es Salaamrorate
Parties
Plaintiff/decree Holder: Star Transport Co. Ltd; Defendant/judgment Debtor/applicant: National Bank of Commerce (NBC)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 July 1996
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to File Notice of Appeal and Lifting of Attachment Order
Outcome
Application granted
Legal Topics
Extension of Time, Jurisdiction to Extend Time, Notice of Appeal, Attachment Order, Security Bond
Source Language
English
Civil Procedure Banking Law Extension of Time Jurisdiction to Extend Time Notice of Appeal Attachment Order Security Bond

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Parties

Star Transport Co. Ltd

Plaintiff/decree Holder

National Bank of Commerce (NBC)

Defendant/judgment Debtor/applicant

Procedural Posture

Civil Application / Ruling on Application for Extension of Time to File Notice of Appeal and Lifting of Attachment Order

Legal Issues

  1. 1 Whether the High Court has jurisdiction to extend time to file a notice of appeal to the Court of Appeal
  2. 2 Whether sufficient grounds exist for granting extension of time to file notice of appeal
  3. 3 Whether the attachment order should be lifted

Ratio Decidendi

The High Court has jurisdiction under s.11(1) of the Appellate Jurisdiction Act to extend time for filing a notice of appeal. The applicant's delay of one day was due to the absence of the cashier and was not deliberate. Sufficient grounds exist for granting the extension. The attachment order is lifted as adequate security has been deposited.

Court Disposition

Application granted

Orders

  • Applicant granted leave to file notice of appeal out of time; notice to be filed on 29.7.1996 or 31.7.1996 if 29th is not a working day
  • Attachment order lifted upon filing of notice of appeal and in view of deposited security bond