20100701 TZCA Dar es Salaam

20100701 TZCA Dar es Salaam

No sufficient cause was shown for the delay of six years, as negligence is not a good cause. However, the applicant demonstrated a palpable case of illegality in the execution proceedings, and the court has a duty to allow extension of time to address such illegality.

Citation
20100701 TZCA Dar es Salaam
Parties
Applicant: CRDB Bank Limited; 1st Respondent: George M. Kilindu; 2nd Respondent: Hon Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 July 2010
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to Apply for Revision
Outcome
Application granted in part
Legal Topics
Extension of Time, Illegality in Execution Proceedings, Garnishee Orders, Judicial Review, Negligence as Cause for Delay
Source Language
English
Civil Procedure Labour Law Extension of Time Illegality in Execution Proceedings Garnishee Orders Judicial Review Negligence as Cause for Delay

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Parties

CRDB Bank Limited

Applicant

George M. Kilindu

1st Respondent

Hon Attorney General

2nd Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time to Apply for Revision

Legal Issues

  1. 1 Whether sufficient cause was shown for delay in seeking revision
  2. 2 Whether illegality in execution proceedings justifies extension of time

Ratio Decidendi

No sufficient cause was shown for the delay of six years, as negligence is not a good cause. However, the applicant demonstrated a palpable case of illegality in the execution proceedings, and the court has a duty to allow extension of time to address such illegality.

Court Disposition

Application granted in part

Orders

  • Extension of time granted to file application for revision of execution proceedings within fourteen days of the ruling
  • Each party to bear their own costs