bharya engineering contracting co ltd vs hamoud ahmed nassor 2018 tzca 339 7 september 2018

bharya engineering contracting co ltd vs hamoud ahmed nassor 2018 tzca 339 7 september 2018

Applicant failed to explain the delay of about fifteen days between 19.07.2017 and 03.08.2017; every day of delay must be accounted for. No good cause shown for the delay, so extension of time cannot be granted.

Citation
bharya engineering contracting co ltd vs hamoud ahmed nassor 2018 tzca 339 7 september 2018
Parties
Applicant: Bharya Engineering & Contracting Co. Ltd; Respondent: Hamoud Ahmed Nassor
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
7 September 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, Appeals, Technical Delay, Good Cause
Source Language
English
Civil Procedure Extension of Time Appeals Technical Delay Good Cause

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Parties

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

Ratio Decidendi

Applicant failed to explain the delay of about fifteen days between 19.07.2017 and 03.08.2017; every day of delay must be accounted for. No good cause shown for the delay, so extension of time cannot be granted.

Court Disposition

Application dismissed with costs

Orders

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