crdb bank ltd plc vs victoria general supply co ltd 2019 tzca 457 3 december 2019

crdb bank ltd plc vs victoria general supply co ltd 2019 tzca 457 3 december 2019

The applicant demonstrated good cause for the delay, as the withdrawal of the previous application was due to human error and not negligence. The applicant acted diligently and the unaccounted period of three days was not inordinate. Therefore, the requirements for extension of time under rule 10 of the Rules were satisfied.

Citation
crdb bank ltd plc vs victoria general supply co ltd 2019 tzca 457 3 december 2019
Parties
Applicant: CRDB Bank PLC; Respondent: Victoria General Supply Co. Ltd
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
3 December 2019
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to File Application for Stay of Execution
Outcome
Application granted
Legal Topics
Extension of Time, Stay of Execution, Judicial Discretion, Accounting for Delay
Source Language
English
Civil Procedure Extension of Time Stay of Execution Judicial Discretion Accounting for Delay

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

CRDB Bank PLC

Applicant

Victoria General Supply Co. Ltd

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has shown good cause for extension of time to file an application for stay of execution
  2. 2 Whether the applicant has accounted for each day of delay as required by law

Ratio Decidendi

The applicant demonstrated good cause for the delay, as the withdrawal of the previous application was due to human error and not negligence. The applicant acted diligently and the unaccounted period of three days was not inordinate. Therefore, the requirements for extension of time under rule 10 of the Rules were satisfied.

Court Disposition

Application granted

Orders

  • The applicant is ordered to file the application for stay of execution within 14 days from the delivery of this ruling.
  • Costs shall abide the result of the intended application.