cipex company limited vs yahaya brown mwanjoka and 3 others 2020 tzhc 3576 30 october 2020

cipex company limited vs yahaya brown mwanjoka and 3 others 2020 tzhc 3576 30 october 2020

Delay was caused by late supply of necessary documents for appeal and existence of apparent illegalities; both constitute sufficient cause for extension of time under settled law.

Citation
cipex company limited vs yahaya brown mwanjoka and 3 others 2020 tzhc 3576 30 october 2020
Parties
Applicant: Cipex Company Ltd.; 1st Respondent: Yahaya Brown Mwanjoka (Administrator of the estate of the late Asia Yahaya, Fatuma Bahati and Abubakari Matia); 2nd Respondent: Abdilah Bakari; 3rd Respondent: Niko Insurance (T) Ltd.
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 October 2020
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time to Appeal
Outcome
application granted
Legal Topics
Extension of Time, Appeals, Principles of Natural Justice, Technical Delay, Illegality as Sufficient Cause
Source Language
English
Civil Procedure Extension of Time Appeals Principles of Natural Justice Technical Delay Illegality as Sufficient Cause

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Parties

Cipex Company Ltd.

Applicant

Yahaya Brown Mwanjoka (Administrator of the estate of the late Asia Yahaya, Fatuma Bahati and Abubakari Matia)

1st Respondent

Abdilah Bakari

2nd Respondent

Niko Insurance (T) Ltd.

3rd Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether sufficient cause exists to grant extension of time to appeal
  2. 2 Whether delay in obtaining judgment and decree constitutes sufficient cause
  3. 3 Whether alleged illegalities in the lower court's proceedings justify extension

Ratio Decidendi

Delay was caused by late supply of necessary documents for appeal and existence of apparent illegalities; both constitute sufficient cause for extension of time under settled law.

Court Disposition

application granted

Orders

  • Extension of time granted for applicant to file intended appeal within 45 days from date of ruling
  • No order as to costs