badugu ginning co ltd vs silwani galati mwantembe and others 2020 tzhccomd 2027 25 february 2020

badugu ginning co ltd vs silwani galati mwantembe and others 2020 tzhccomd 2027 25 february 2020

The applicant failed to provide sufficient reasons for the delay, as failure to comply with procedural requirements and absence in court do not amount to sufficient cause. Negligence and lack of diligence were established, and the applicant did not account for the delayed days or provide evidence of when the ruling was applied for or supplied.

Citation
badugu ginning co ltd vs silwani galati mwantembe and others 2020 tzhccomd 2027 25 february 2020
Parties
Applicant: Badugu Ginning Company Limited; 1st Respondent: Silwani Galati Mwantembe as a Receiver and Manager of Mara Oil Mills & Ginnery Limited; 2nd Respondent: Federal Bank of Middle East; 3rd Respondent: Azania Bancorp Limited; 4th Respondent: Tanzania Electrical Supply Company Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
25 February 2020
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application for Extension of Time to Lodge Notice of Appeal and Apply for Leave to Appeal
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Leave to Appeal, Appellate Procedure, Sufficient Cause for Delay
Source Language
English
Civil Procedure Commercial Law Extension of Time Leave to Appeal Appellate Procedure Sufficient Cause for Delay

Case Brief

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Parties

Badugu Ginning Company Limited

Applicant

Silwani Galati Mwantembe as a Receiver and Manager of Mara Oil Mills & Ginnery Limited

1st Respondent

Federal Bank of Middle East

2nd Respondent

Azania Bancorp Limited

3rd Respondent

Tanzania Electrical Supply Company Limited

4th Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Application for Extension of Time to Lodge Notice of Appeal and Apply for Leave to Appeal

Legal Issues

  1. 1 Whether the applicant has shown sufficient reason for extension of time to lodge notice of appeal and apply for leave to appeal

Ratio Decidendi

The applicant failed to provide sufficient reasons for the delay, as failure to comply with procedural requirements and absence in court do not amount to sufficient cause. Negligence and lack of diligence were established, and the applicant did not account for the delayed days or provide evidence of when the ruling was applied for or supplied.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed with costs