basic elements ltd vs shukran dismas makoba 12 others 2022 tzhcld 785 19 august 2022

basic elements ltd vs shukran dismas makoba 12 others 2022 tzhcld 785 19 august 2022

The applicant failed to provide evidence by affidavit for the reasons of delay and non-appearance, and the only reasons in the affidavit were unsubstantiated. Submissions from the bar are not evidence. The application is an abuse of court process and no good cause for extension of time was shown.

Citation
basic elements ltd vs shukran dismas makoba 12 others 2022 tzhcld 785 19 august 2022
Parties
Applicant: Basic Elements Limited; Respondents: Shukran Dismas Makoba & 12 Others
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
19 August 2022
Procedural Posture
Miscellaneous Labour Application / Ruling on Application for Extension of Time to Restore Dismissed Application
Outcome
Application dismissed
Legal Topics
Extension of Time, Restoration of Dismissed Application, Affidavit Evidence, Abuse of Court Process
Source Language
English
Labour Law Civil Procedure Extension of Time Restoration of Dismissed Application Affidavit Evidence Abuse of Court Process

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Parties

Basic Elements Limited

Applicant

Shukran Dismas Makoba & 12 Others

Respondents

Procedural Posture

Miscellaneous Labour Application / Ruling on Application for Extension of Time to Restore Dismissed Application

Legal Issues

  1. 1 Whether the applicant has shown good cause for extension of time to restore Miscellaneous Application No. 13 of 2020
  2. 2 Whether submissions from the bar without affidavit evidence can be relied upon
  3. 3 Whether irregularity in an award is a ground for extension of time

Ratio Decidendi

The applicant failed to provide evidence by affidavit for the reasons of delay and non-appearance, and the only reasons in the affidavit were unsubstantiated. Submissions from the bar are not evidence. The application is an abuse of court process and no good cause for extension of time was shown.

Court Disposition

Application dismissed

Orders

  • Application for extension of time to restore Miscellaneous Application No. 13 of 2020 is dismissed for lack of merit.