bharya engineering contractors co ltd vs hamoud ahmed nassor 2019 tzca 478 3 december 2019

Applicant demonstrated good cause for delay as she was not notified of the date of delivery of the ruling either by the Deputy Registrar or respondent's counsel, who had undertaken to hold brief. Delay was not caused by negligence or dilatory conduct on applicant's part.

Citation: bharya engineering contractors co ltd vs hamoud ahmed nassor 2019 tzca 478 3 december 2019
Parties: Applicant: Bharya Engineering & Contractors Co. Ltd; Respondent: Hamoud Ahmed Nassor
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 3 December 2019
Procedural Posture: Civil Application / Ruling on Application for Extension of Time to Apply for Reference
Outcome: Application granted
Legal Topics: Extension of Time, Reference From Single Justice Decision, Notification of Ruling, Duty of Advocate Holding Brief
Source Language: English

Civil Procedure Extension of Time Reference From Single Justice Decision Notification of Ruling Duty of Advocate Holding Brief

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Parties

Bharya Engineering & Contractors Co. Ltd

Applicant

Hamoud Ahmed Nassor

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time to Apply for Reference

Legal Issues

1 Whether applicant demonstrated sufficient cause for delay in lodging application for reference
2 Whether failure to notify applicant or her advocate of the date of delivery of ruling constitutes sufficient reason for extension of time

Ratio Decidendi

Court Disposition

Application granted

Orders

Applicant granted seven days from date of ruling to lodge application for reference against decision of single Justice
Each party to bear own costs