awadh abood salehe vs salum ally mussa and another 2021 tzhc 7489 7 december 2021

awadh abood salehe vs salum ally mussa and another 2021 tzhc 7489 7 december 2021

The applicant failed to account for a period of fourteen days of delay after his medical exemption ended, and did not demonstrate any illegality apparent on the face of the record in the tribunal's ruling. Therefore, he did not establish sufficient cause for extension of time.

Citation
awadh abood salehe vs salum ally mussa and another 2021 tzhc 7489 7 december 2021
Parties
Applicant: Awadh Aboodsalehe; 1st Respondent: Salum Ally Mussa; 2nd Respondent: Said Hamisi Bopu
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
7 December 2021
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Outcome
application dismissed
Legal Topics
Extension of Time, Bill of Costs, Reference Proceedings, Sufficient Cause, Court Discretion
Source Language
English
Civil Procedure Costs Extension of Time Bill of Costs Reference Proceedings Sufficient Cause Court Discretion

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Parties

Awadh Aboodsalehe

Applicant

Salum Ally Mussa

1st Respondent

Said Hamisi Bopu

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant demonstrated sufficient cause for delay in filing a reference against the taxed bill of costs.
  2. 2 Whether the application for extension of time was properly before the court despite citation errors.
  3. 3 Whether alleged illegalities in the tribunal's ruling justified extension of time.

Ratio Decidendi

The applicant failed to account for a period of fourteen days of delay after his medical exemption ended, and did not demonstrate any illegality apparent on the face of the record in the tribunal's ruling. Therefore, he did not establish sufficient cause for extension of time.

Court Disposition

application dismissed

Orders

  • Application for extension of time is dismissed.