betam communication ltd vs china international communications construction corporation and another 2020 tzhc 1291 2 june 2020

betam communication ltd vs china international communications construction corporation and another 2020 tzhc 1291 2 june 2020

The applicant demonstrated sufficient cause for the delay, which was not due to their fault but due to technical reasons and diligent efforts to obtain necessary documents; the preliminary objection regarding the affidavit was dismissed as it was raised late and did not warrant striking out the application; the court exercised its discretion to grant extension of time.

Citation
betam communication ltd vs china international communications construction corporation and another 2020 tzhc 1291 2 june 2020
Parties
Applicant: Betam Communications Limited; 1st Respondent: China International Telecommunications Construction Corporation; 2nd Respondent: CITCC Tanzania Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 June 2020
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Notice of Appeal, Affidavit Defects, Judicial Discretion
Source Language
English
Civil Procedure Appellate Practice Extension of Time Notice of Appeal Affidavit Defects Judicial Discretion

Case Brief

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Parties

Betam Communications Limited

Applicant

China International Telecommunications Construction Corporation

1st Respondent

CITCC Tanzania Limited

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether sufficient cause was shown to warrant extension of time to file notice of appeal
  2. 2 Whether the supporting affidavit was defective and rendered the application incompetent

Ratio Decidendi

The applicant demonstrated sufficient cause for the delay, which was not due to their fault but due to technical reasons and diligent efforts to obtain necessary documents; the preliminary objection regarding the affidavit was dismissed as it was raised late and did not warrant striking out the application; the court exercised its discretion to grant extension of time.

Court Disposition

Application granted

Orders

  • Extension of seven (7) days granted to file notice of appeal
  • Costs in due course