20131028 TZCA Dar es Salaam

20131028 TZCA Dar es Salaam

The applicant failed to provide sufficient grounds or documentary proof for the delay and did not comply with mandatory service requirements under Rule 55(1), rendering the application fatally defective.

Citation
20131028 TZCA Dar es Salaam
Parties
Applicant: Ally Moshi Lubanguka; Respondent: Zulfa Heri; Respondent: Decent Investment Ltd.; Respondent: Nsombo Auction Mart
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
28 October 2013
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Outcome
Application struck out with costs
Legal Topics
Extension of Time, Preliminary Objection, Service of Documents
Source Language
English
Civil Procedure Extension of Time Preliminary Objection Service of Documents

Case Brief

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Parties

Ally Moshi Lubanguka

Applicant

Zulfa Heri

Respondent

Decent Investment Ltd.

Respondent

Nsombo Auction Mart

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has shown sufficient grounds for extension of time to file a reference
  2. 2 Whether the application is fatally defective for non-compliance with procedural rules

Ratio Decidendi

The applicant failed to provide sufficient grounds or documentary proof for the delay and did not comply with mandatory service requirements under Rule 55(1), rendering the application fatally defective.

Court Disposition

Application struck out with costs

Orders

  • Preliminary objection upheld
  • Application for extension of time struck out with costs