20130226 TZHC Dar es Salaam

20130226 TZHC Dar es Salaam

The applicant failed to demonstrate sufficient cause for the delay in applying to set aside the dismissal order. The reasons advanced did not amount to good cause, as the applicant and his counsel failed to exercise due diligence and were negligent in following up the case. The law requires explanation for every day of delay, which was not provided. Therefore, the application for extension of time is dismissed.

Citation
20130226 TZHC Dar es Salaam
Parties
Applicants: Amour Abood and Others; 1st Respondent: The Principal Commissioner of Prisons; 2nd Respondent: The Hon. Attorney-General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 February 2013
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to Set Aside Dismissal Order
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Dismissal for Want of Prosecution, Setting Aside Dismissal Orders, Limitation of Actions
Source Language
English
Civil Procedure Extension of Time Dismissal for Want of Prosecution Setting Aside Dismissal Orders Limitation of Actions

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Parties

Amour Abood and Others

Applicants

The Principal Commissioner of Prisons

1st Respondent

The Hon. Attorney-General

2nd Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time to Set Aside Dismissal Order

Legal Issues

  1. 1 Whether sufficient cause was shown to warrant extension of time to set aside a dismissal order for want of prosecution
  2. 2 Whether the application was time-barred

Ratio Decidendi

The applicant failed to demonstrate sufficient cause for the delay in applying to set aside the dismissal order. The reasons advanced did not amount to good cause, as the applicant and his counsel failed to exercise due diligence and were negligent in following up the case. The law requires explanation for every day of delay, which was not provided. Therefore, the application for extension of time is dismissed.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time to set aside dismissal order is dismissed with costs