citibank t ltd vs tanzania telecommunications co ltd others 2018 tzhccomd 101 31 july 2018

citibank t ltd vs tanzania telecommunications co ltd others 2018 tzhccomd 101 31 july 2018

The applicant's complaint of possible illegality in the prior proceedings constitutes good cause for extension of time, regardless of whether a reasonable explanation for the delay was provided. The applicant was not heard in the proceedings that resulted in adverse orders, and thus has an arguable case deserving extension of time.

Citation
citibank t ltd vs tanzania telecommunications co ltd others 2018 tzhccomd 101 31 july 2018
Parties
Applicant: Citibank Tanzania Limited; 1st Respondent: Tanzania Telecommunications Company Ltd; 2nd Respondent: Tanzania Revenue Authority; 3rd Respondent: Tanzania Communications Regulatory Authority (as successor to the Tanzania Communication's Commission); 4th Respondent: VIP Engineering and Marketing Limited; 5th Respondent: The Joint Liquidators of Tri-Telecommunication Tanzania Limited (in liquidation)
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
31 July 2018
Procedural Posture
Application for Extension of Time / Ruling on Application for Extension of Time to Apply for Leave to Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Leave to Appeal, Winding Up Proceedings, Illegality as Ground for Extension
Source Language
English
Civil Procedure Company Law Appellate Practice Extension of Time Leave to Appeal Winding Up Proceedings Illegality as Ground for Extension

Case Brief

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Parties

Citibank Tanzania Limited

Applicant

Tanzania Telecommunications Company Ltd

1st Respondent

Tanzania Revenue Authority

2nd Respondent

Tanzania Communications Regulatory Authority (as successor to the Tanzania Communication's Commission)

3rd Respondent

VIP Engineering and Marketing Limited

4th Respondent

The Joint Liquidators of Tri-Telecommunication Tanzania Limited (in liquidation)

5th Respondent

Procedural Posture

Application for Extension of Time / Ruling on Application for Extension of Time to Apply for Leave to Appeal

Legal Issues

  1. 1 Whether the applicant demonstrated good cause for extension of time to apply for leave to appeal
  2. 2 Whether alleged illegality in the prior proceedings constitutes sufficient reason for extension

Ratio Decidendi

The applicant's complaint of possible illegality in the prior proceedings constitutes good cause for extension of time, regardless of whether a reasonable explanation for the delay was provided. The applicant was not heard in the proceedings that resulted in adverse orders, and thus has an arguable case deserving extension of time.

Court Disposition

Application granted

Orders

  • Extension of time granted to the applicant to make an application for leave to appeal to the Court of Appeal of Tanzania within fourteen (14) days from the date of the ruling.
  • Costs of the application to abide the intended appeal.