china hunan construction engineering group ltd vs pendo kasyamakula 2022 tzhcld 859 15 september 2022

china hunan construction engineering group ltd vs pendo kasyamakula 2022 tzhcld 859 15 september 2022

The applicant failed to establish sufficient 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. The application for extension of time to file a letter requesting certified copies was incompetent and struck out for lack of jurisdiction. The application for extension of time to file notice of appeal was dismissed for want of merit.

Citation
china hunan construction engineering group ltd vs pendo kasyamakula 2022 tzhcld 859 15 september 2022
Parties
Applicant: China Hunan Construction Engineering Group Ltd; Respondent: Pendo Kasyamakula
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
15 September 2022
Procedural Posture
Miscellaneous Labour Application / Ruling on Application for Extension of Time
Outcome
Application dismissed
Legal Topics
Extension of Time, Notice of Appeal, Technical Delay, Illegality as Ground for Extension, Jurisdiction of High Court
Source Language
English
Labour Law Civil Procedure Extension of Time Notice of Appeal Technical Delay Illegality as Ground for Extension Jurisdiction of High Court

Case Brief

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Parties

China Hunan Construction Engineering Group Ltd

Applicant

Pendo Kasyamakula

Respondent

Procedural Posture

Miscellaneous Labour Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant demonstrated sufficient cause for extension of time to file notice of appeal
  2. 2 Whether technical delay or illegality justified extension of time
  3. 3 Whether the High Court has jurisdiction to grant extension for filing a letter requesting certified copies

Ratio Decidendi

The applicant failed to establish sufficient 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. The application for extension of time to file a letter requesting certified copies was incompetent and struck out for lack of jurisdiction. The application for extension of time to file notice of appeal was dismissed for want of merit.

Court Disposition

Application dismissed

Orders

  • Second limb of application (extension to file letter requesting certified copies) struck out for incompetence
  • Application for extension of time to file notice of appeal dismissed for want of merit