aloyce kissenga mchili v zebedayo mkondya 4 others 2022 tzhccomd 226 19 august 2022

aloyce kissenga mchili v zebedayo mkondya 4 others 2022 tzhccomd 226 19 august 2022

The delay was technical and not inordinate, and the trial court's act of raising the issue of corporate veil suo moto without hearing the parties constitutes an apparent illegality. These grounds justify the grant of extension of time to file notice of appeal.

Citation
aloyce kissenga mchili v zebedayo mkondya 4 others 2022 tzhccomd 226 19 august 2022
Parties
Applicant: Aloyce Kissenga Mchili; 1st Respondent: Zebedayo Mkodya; 2nd Respondent: Best Microfinance Solution Limited; 3rd Respondent: Geofrey William Malamila; 4th Respondent: Veronica Aloyce Kissenga; 5th Respondent: Redimna Ginwas Hamay
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
19 August 2022
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application for Extension of Time to File Notice of Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Right to Be Heard, Corporate Veil, Appeals
Source Language
English
Civil Procedure Company Law Extension of Time Right to Be Heard Corporate Veil Appeals

Case Brief

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Parties

Aloyce Kissenga Mchili

Applicant

Zebedayo Mkodya

1st Respondent

Best Microfinance Solution Limited

2nd Respondent

Geofrey William Malamila

3rd Respondent

Veronica Aloyce Kissenga

4th Respondent

Redimna Ginwas Hamay

5th Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant is entitled to extension of time to file notice of appeal to the Court of Appeal of Tanzania
  2. 2 Whether the delay was technical and excusable
  3. 3 Whether there is an apparent illegality in the impugned decision warranting extension

Ratio Decidendi

The delay was technical and not inordinate, and the trial court's act of raising the issue of corporate veil suo moto without hearing the parties constitutes an apparent illegality. These grounds justify the grant of extension of time to file notice of appeal.

Court Disposition

Application granted

Orders

  • Extension of time to file notice of appeal to the Court of Appeal of Tanzania granted
  • Applicant to file notice of appeal in accordance with the law