20170929 TZHC Arusha

20170929 TZHC Arusha

The applicants demonstrated good cause for the delay as they were actively pursuing their remedy but filed in the wrong forum due to a procedural mistake. The delay was not due to negligence or inaction, and thus extension of time is justified.

Citation
20170929 TZHC Arusha
Parties
Applicant: Alibaki Salim; Applicant: Alfayo Ole Kyambwa; Respondent: Estomih William
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 September 2017
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Reference Procedure, Execution of Decree, Good Cause for Delay
Source Language
English
Civil Procedure Extension of Time Reference Procedure Execution of Decree Good Cause for Delay

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Parties

Alibaki Salim

Applicant

Alfayo Ole Kyambwa

Applicant

Estomih William

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicants have shown good cause for extension of time to file a reference against the decision in Misc. Civil Application No.77 of 2013

Ratio Decidendi

The applicants demonstrated good cause for the delay as they were actively pursuing their remedy but filed in the wrong forum due to a procedural mistake. The delay was not due to negligence or inaction, and thus extension of time is justified.

Court Disposition

Application granted

Orders

  • Applicants granted extension of time to file reference within 14 days
  • Each party to bear its own costs