ajay hansraj asher vs triump impex limited 2023 tzhc 18016 31 may 2023
The existence of an apparent illegality on the face of the record, specifically the alleged failure to serve notice of the date of judgment, constitutes sufficient cause for extension of time to appeal, even if the applicant has not accounted for each day of delay.
- Citation
- ajay hansraj asher vs triump impex limited 2023 tzhc 18016 31 may 2023
- Parties
- Applicant: Ajay Hansraj Asher; Respondent: Triump Impex Limited
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 31 May 2023
- Procedural Posture
- Misc. Civil Application / Ruling on Application for Extension of Time to Appeal
- Outcome
- Application granted
- Legal Topics
- Extension of Time, Summary Judgment, Illegality as Ground for Extension, Right to Be Heard
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Ajay Hansraj Asher
Applicant
Triump Impex Limited
Respondent
Procedural Posture
Misc. Civil Application / Ruling on Application for Extension of Time to Appeal
Legal Issues
- 1 Whether sufficient cause exists for extension of time to appeal out of time
- 2 Whether alleged illegality in the impugned judgment constitutes sufficient cause for extension
Ratio Decidendi
The existence of an apparent illegality on the face of the record, specifically the alleged failure to serve notice of the date of judgment, constitutes sufficient cause for extension of time to appeal, even if the applicant has not accounted for each day of delay.
Court Disposition
Application granted
Orders
- Applicant to file intended appeal within thirty days from the date of the ruling
- Costs to follow the event in the intended appeal
Full Case Text
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