convergence wireless networks mauritius limited 3 others vs wia group limited 2 others 2016 tzca 559 16 march 2016

convergence wireless networks mauritius limited 3 others vs wia group limited 2 others 2016 tzca 559 16 march 2016

The application was granted because the applicants demonstrated good cause, particularly the claim of illegality in the default judgment, which constitutes sufficient reason for extension of time under the law. The defects in the affidavit were found to be inconsequential and were expunged, leaving the substantive affidavit intact.

Citation
convergence wireless networks mauritius limited 3 others vs wia group limited 2 others 2016 tzca 559 16 march 2016
Parties
Applicant: Convergence Wireless Networks (Mauritius) Limited; Applicant: Convergence Partners Investments (Pty) Limited; Applicant: Andile Ngcaba; Applicant: Brandon Doyle; Respondent: WIA Group Limited; Respondent: Abdulrahman Omar Kinana; Respondent: Eric Mwenda
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
16 March 2016
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to File Stay of Execution
Outcome
Application granted
Legal Topics
Extension of Time, Stay of Execution, Affidavit Defects, Illegality as Ground for Extension
Source Language
English
Civil Procedure Appellate Practice Extension of Time Stay of Execution Affidavit Defects Illegality as Ground for Extension

Case Brief

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Parties

Convergence Wireless Networks (Mauritius) Limited

Applicant

Convergence Partners Investments (Pty) Limited

Applicant

Andile Ngcaba

Applicant

Brandon Doyle

Applicant

WIA Group Limited

Respondent

Abdulrahman Omar Kinana

Respondent

Eric Mwenda

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time to File Stay of Execution

Legal Issues

  1. 1 Whether the affidavit in support of the application was defective and fatal to the application
  2. 2 Whether the applicants demonstrated good cause for extension of time to file stay of execution

Ratio Decidendi

The application was granted because the applicants demonstrated good cause, particularly the claim of illegality in the default judgment, which constitutes sufficient reason for extension of time under the law. The defects in the affidavit were found to be inconsequential and were expunged, leaving the substantive affidavit intact.

Court Disposition

Application granted

Orders

  • Applicants granted extension of time to file application for stay of execution within 30 days from the date of the order
  • No order as to costs