20070926 TZCA Dar es Salaam

20070926 TZCA Dar es Salaam

A claim of illegality, specifically breach of the right to be heard, constitutes sufficient reason for extension of time under Rule 8, regardless of delay or explanation. The respondent was not heard before adverse orders were made, justifying the extension granted by the single judge.

Citation
20070926 TZCA Dar es Salaam
Parties
Applicant: VIP Engineering and Marketing Limited; Applicant: Tanzania Revenue Authority; Applicant: Liquidator of Tri-Telecommunication (T) Limited; Respondent: Citibank Tanzania Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
26 September 2007
Procedural Posture
Consolidated Civil Reference / Ruling on Reference From Single Judge Decision
Outcome
Reference dismissed with costs
Legal Topics
Extension of Time, Natural Justice, Illegality, Right to Be Heard, Winding Up Proceedings
Source Language
English
Civil Procedure Company Law Appellate Practice Extension of Time Natural Justice Illegality Right to Be Heard Winding Up Proceedings

Case Brief

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Parties

VIP Engineering and Marketing Limited

Applicant

Tanzania Revenue Authority

Applicant

Liquidator of Tri-Telecommunication (T) Limited

Applicant

Citibank Tanzania Limited

Respondent

Procedural Posture

Consolidated Civil Reference / Ruling on Reference From Single Judge Decision

Legal Issues

  1. 1 Whether sufficient reason existed to grant extension of time to file notice of appeal and application for leave to appeal
  2. 2 Whether delay was justified
  3. 3 Whether illegality and breach of natural justice constituted sufficient reason

Ratio Decidendi

A claim of illegality, specifically breach of the right to be heard, constitutes sufficient reason for extension of time under Rule 8, regardless of delay or explanation. The respondent was not heard before adverse orders were made, justifying the extension granted by the single judge.

Court Disposition

Reference dismissed with costs

Orders

  • Consolidated reference dismissed
  • Costs awarded to respondent