CIVIL APPLICATIONO 12 09 OF 2024 CHINA HUNAN CONSTRUCTION ENGINEERING GROUP EA LTD VS PENDO KASYAMUKULA

CIVIL APPLICATIONO 12 09 OF 2024 CHINA HUNAN CONSTRUCTION ENGINEERING GROUP EA LTD VS PENDO KASYAMUKULA

The applicant failed to establish good cause for extension of time as the delay was due to negligence, not technical reasons, and the alleged illegalities were not apparent on the face of the record but were mere points of law or fact.

Citation
CIVIL APPLICATIONO 12 09 OF 2024 CHINA HUNAN CONSTRUCTION ENGINEERING GROUP EA LTD VS PENDO KASYAMUKULA
Parties
Applicant: China Hunan Construction Engineering Group (EA) Ltd; Respondent: Pendo Kasyamukula
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Technical Delay, Illegality as Ground for Extension, Appeal Procedure
Source Language
English
Civil Procedure Labour Law Extension of Time Technical Delay Illegality as Ground for Extension Appeal Procedure

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Parties

China Hunan Construction Engineering Group (EA) Ltd

Applicant

Pendo Kasyamukula

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant established good cause for extension of time to lodge a second bite application for extension of time to file notice of appeal out of time
  2. 2 Whether technical delay or illegality existed to justify extension of time

Ratio Decidendi

The applicant failed to establish good cause for extension of time as the delay was due to negligence, not technical reasons, and the alleged illegalities were not apparent on the face of the record but were mere points of law or fact.

Court Disposition

Application dismissed with costs

Orders

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