bitan international enterprises vs mished kotak 2023 tzhc 20658 31 august 2023

The applicant accounted for the period of delay, which was not inordinate, and the delay was justified as technical delay. The application for extension of time is merited and granted.

Citation: bitan international enterprises vs mished kotak 2023 tzhc 20658 31 august 2023
Parties: Applicant: BITAN INTERNATIONAL ENTERPRISES; Respondent: MISHED KOTAK
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 31 August 2023
Procedural Posture: Miscellaneous Civil Application / Ruling on Application for Extension of Time to Lodge Notice of Appeal
Outcome: application allowed
Legal Topics: Extension of Time, Notice of Appeal, Technical Delay, Accounting for Delay
Source Language: English

Civil Procedure Appellate Practice Extension of Time Notice of Appeal Technical Delay Accounting for Delay

Case Brief

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Parties

BITAN INTERNATIONAL ENTERPRISES

Applicant

MISHED KOTAK

Respondent

Procedural Posture

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

Legal Issues

1 Whether the applicant has shown sufficient cause for extension of time to lodge notice of appeal
2 Whether the delay was inordinate or justified
3 Whether the High Court can consider alleged illegality in the Court of Appeal's decision

Ratio Decidendi

The applicant accounted for the period of delay, which was not inordinate, and the delay was justified as technical delay. The application for extension of time is merited and granted.

Court Disposition

application allowed

Orders

Time is extended to the applicant to lodge notice of appeal to the Court of Appeal within fifteen (15) days of this decision.
No order as to costs.