20161023 TZCA Tabora 1

20161023 TZCA Tabora 1

Sufficient cause was established for delay in filing supplementary record and written submissions due to late supply of missing documents by the court; preliminary objections lacked merit as affidavit was not defective and objections were not purely legal.

Citation
20161023 TZCA Tabora 1
Parties
Applicant: Mohamed Enterprises (T) Ltd; Respondent: Mussa Shabani Chekechea
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
23 October 2016
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Outcome
Application allowed
Legal Topics
Extension of Time, Supplementary Record of Appeal, Affidavit Defects, Preliminary Objection
Source Language
English
Civil Procedure Extension of Time Supplementary Record of Appeal Affidavit Defects Preliminary Objection

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Parties

Mohamed Enterprises (T) Ltd

Applicant

Mussa Shabani Chekechea

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether sufficient cause exists to grant extension of time to file supplementary record of appeal and written submissions
  2. 2 Whether the supporting affidavit is defective and constitutes hearsay
  3. 3 Whether preliminary objections raised are valid

Ratio Decidendi

Sufficient cause was established for delay in filing supplementary record and written submissions due to late supply of missing documents by the court; preliminary objections lacked merit as affidavit was not defective and objections were not purely legal.

Court Disposition

Application allowed

Orders

  • Applicant to file supplementary record of appeal and written submissions in Civil Appeal No. 64 of 2015 within 21 days from date of ruling
  • Costs to be in the cause