20160902 TZCA Dar es Salaam
The single Justice properly exercised judicial discretion by considering all relevant factors, including applicant's negligence and failure to comply with procedural rules, and correctly dismissed the application for extension of time under Rule 106(9).
- Citation
- 20160902 TZCA Dar es Salaam
- Parties
- Applicant: G. A. B Swale; Respondent: Tanzania Zambia Railway Authority
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 2 September 2016
- Procedural Posture
- Civil Reference / Ruling on Reference From Single Justice's Decision
- Outcome
- Application dismissed
- Legal Topics
- Extension of Time, Judicial Discretion, Right to Be Heard, Natural Justice
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
G. A. B Swale
Applicant
Tanzania Zambia Railway Authority
Respondent
Procedural Posture
Civil Reference / Ruling on Reference From Single Justice's Decision
Legal Issues
- 1 Whether the single Justice properly exercised discretion in dismissing the application for extension of time to file written submission
- 2 Whether the applicant was denied the right to be heard contrary to principles of natural justice
Ratio Decidendi
The single Justice properly exercised judicial discretion by considering all relevant factors, including applicant's negligence and failure to comply with procedural rules, and correctly dismissed the application for extension of time under Rule 106(9).
Court Disposition
Application dismissed
Orders
- No order as to costs
Full Case Text
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