20161025 TZCA Mwanza

20161025 TZCA Mwanza

The applicant failed to account for the delay between the High Court's dismissal and the filing of the present application, and the alleged points of law were not of sufficient significance to warrant extension of time. The application did not meet the threshold for judicial discretion to be exercised in its favour.

Citation
20161025 TZCA Mwanza
Parties
Applicant: MZA RTC Trading Company Limited; Respondent: Export Trading Company Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
25 October 2016
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to File Notice of Appeal
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Jurisdiction, Burden of Proof, Commercial Appeals
Source Language
English
Civil Procedure Appellate Practice Extension of Time Jurisdiction Burden of Proof Commercial Appeals

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

MZA RTC Trading Company Limited

Applicant

Export Trading Company Limited

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time to File Notice of Appeal

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file a notice of appeal
  2. 2 Whether the Court of Appeal has jurisdiction to entertain the application after refusal by the High Court
  3. 3 Whether there are significant points of law warranting extension of time

Ratio Decidendi

The applicant failed to account for the delay between the High Court's dismissal and the filing of the present application, and the alleged points of law were not of sufficient significance to warrant extension of time. The application did not meet the threshold for judicial discretion to be exercised in its favour.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time to file notice of appeal is dismissed
  • Applicant to pay costs