Banda

Banda

Applicant demonstrated good cause for extension of time by accounting for both technical and actual delays, including prompt action upon receipt of salary; delay was not inordinate and peculiar circumstances justified acceptance of financial constraint.

Citation
Banda
Parties
Applicant: Ally R. Banda; 1st Respondent: Ra3abu Rashid Msababa; 2nd Respondent: Ahmad Salum; 3rd Respondent: Abdalah 3uma; 4th Respondent: Selemani Mahanyu; 5th Respondent: Hassan Mohamed; 6th Respondent: Maimuna Hossein
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
3 October 2011
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Outcome
Application allowed
Legal Topics
Extension of Time, Bill of Costs, Technical Delay, Actual Delay, Financial Constraints
Source Language
English
Civil Procedure Land Law Extension of Time Bill of Costs Technical Delay Actual Delay Financial Constraints

Case Brief

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Parties

Ally R. Banda

Applicant

Ra3abu Rashid Msababa

1st Respondent

Ahmad Salum

2nd Respondent

Abdalah 3uma

3rd Respondent

Selemani Mahanyu

4th Respondent

Hassan Mohamed

5th Respondent

Maimuna Hossein

6th Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant demonstrated good cause for extension of time to file a bill of costs
  2. 2 Whether technical and actual delays were sufficiently accounted for
  3. 3 Whether financial constraints constitute good cause for delay

Ratio Decidendi

Applicant demonstrated good cause for extension of time by accounting for both technical and actual delays, including prompt action upon receipt of salary; delay was not inordinate and peculiar circumstances justified acceptance of financial constraint.

Court Disposition

Application allowed

Orders

  • Applicant to file bill of costs within 30 days from date of order
  • No order as to costs