abogast c warioba vs national insurance corporation t ltd another 2011 tzhccomd 2016 8 february 2011

abogast c warioba vs national insurance corporation t ltd another 2011 tzhccomd 2016 8 february 2011

The applicant failed to establish that the trial judge improperly exercised discretion in refusing to restore the dismissed suit. The reasons advanced did not amount to sufficient cause, and the intended appeal had no reasonable prospects of success.

Citation
abogast c warioba vs national insurance corporation t ltd another 2011 tzhccomd 2016 8 february 2011
Parties
Applicant: Arbogast Warioba; 1st Defendant/respondent: National Insurance Corporation (T) Ltd; 2nd Defendant/respondent: Consolidated Holding Corporation
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
8 February 2011
Procedural Posture
Application for Extension of Time and Leave to Appeal / Ruling on Application for Extension of Time and Leave to Appeal to the Court of Appeal
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Leave to Appeal, Judicial Discretion, Restoration of Suit, Dismissal for Want of Prosecution
Source Language
English
Civil Procedure Appellate Practice Extension of Time Leave to Appeal Judicial Discretion Restoration of Suit Dismissal for Want of Prosecution

Case Brief

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Parties

Arbogast Warioba

Applicant

National Insurance Corporation (T) Ltd

1st Defendant/respondent

Consolidated Holding Corporation

2nd Defendant/respondent

Procedural Posture

Application for Extension of Time and Leave to Appeal / Ruling on Application for Extension of Time and Leave to Appeal to the Court of Appeal

Legal Issues

  1. 1 Whether sufficient cause was shown to warrant extension of time and leave to appeal
  2. 2 Whether the trial judge improperly exercised discretion in refusing to restore the dismissed suit

Ratio Decidendi

The applicant failed to establish that the trial judge improperly exercised discretion in refusing to restore the dismissed suit. The reasons advanced did not amount to sufficient cause, and the intended appeal had no reasonable prospects of success.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time and leave to appeal refused
  • Costs awarded to respondents