20180807 TZCA Dar es Salaam

20180807 TZCA Dar es Salaam

Applicant failed to explain the delay of about fifteen days between the striking out of Civil Application No. 70/11 of 2017 and the lodging of the present application. Technical delay was excusable up to 19.07.2017, but subsequent unexplained delay is fatal. Points of law raised are not of sufficient public importance. Application dismissed for lack of good cause.

Citation
20180807 TZCA Dar es Salaam
Parties
Applicant: Bharya Engineering and Contracting Co. Ltd; Respondent: Hamoud Ahmed Nassor
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
7 August 2018
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to Lodge Notice of Appeal
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Notice of Appeal, Technical Delay, Good Cause, Discretion of Court
Source Language
English
Civil Procedure Extension of Time Notice of Appeal Technical Delay Good Cause Discretion of Court

Case Brief

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Parties

Bharya Engineering and Contracting Co. Ltd

Applicant

Hamoud Ahmed Nassor

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time to Lodge Notice of Appeal

Legal Issues

  1. 1 Whether the applicant has shown good cause for extension of time to lodge a notice of appeal
  2. 2 Whether technical delay constitutes good cause under rule 10 of the Tanzania Court of Appeal Rules, 2009
  3. 3 Whether points of law raised are of sufficient public importance

Ratio Decidendi

Applicant failed to explain the delay of about fifteen days between the striking out of Civil Application No. 70/11 of 2017 and the lodging of the present application. Technical delay was excusable up to 19.07.2017, but subsequent unexplained delay is fatal. Points of law raised are not of sufficient public importance. Application dismissed for lack of good cause.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time to lodge notice of appeal is dismissed
  • Applicant to pay costs