ako group limited vs nishati plus limited 2020 tzhccomd 2090 12 november 2020

ako group limited vs nishati plus limited 2020 tzhccomd 2090 12 november 2020

Applicant failed to account for each day of delay and did not furnish sufficient cause for extension. Alleged illegality was not apparent on the face of the record. Application lacked merit and was dismissed.

Citation
ako group limited vs nishati plus limited 2020 tzhccomd 2090 12 november 2020
Parties
Applicant: AKO Group Limited; Respondent: Nishati Plus Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
12 November 2020
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application for Extension of Time to File Reference
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Bill of Costs, Right to Be Heard, Illegality as Ground for Extension
Source Language
English
Civil Procedure Commercial Law Extension of Time Bill of Costs Right to Be Heard Illegality as Ground for Extension

Case Brief

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Parties

AKO Group Limited

Applicant

Nishati Plus Limited

Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Application for Extension of Time to File Reference

Legal Issues

  1. 1 Whether sufficient cause was shown for extension of time to file reference
  2. 2 Whether alleged illegality in the ruling justified extension of time

Ratio Decidendi

Applicant failed to account for each day of delay and did not furnish sufficient cause for extension. Alleged illegality was not apparent on the face of the record. Application lacked merit and was dismissed.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time to file reference out of time is dismissed
  • Applicant to pay costs