david joseph mahende vs afriscan group t ltd 2019 tzca 206 26 july 2019

david joseph mahende vs afriscan group t ltd 2019 tzca 206 26 july 2019

The application for extension of time is rendered superfluous by the retrospective application of the amended rules, which allow the applicant to seek inclusion of omitted documents in the record of appeal with the Registrar's permission without the need for a formal application for extension of time.

Citation
david joseph mahende vs afriscan group t ltd 2019 tzca 206 26 july 2019
Parties
Applicant: David Joseph Mahende; Respondent: Afriscan Group Tanzania Ltd
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
26 July 2019
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Outcome
Application struck out as superfluous
Legal Topics
Extension of Time, Record of Appeal, Procedural Amendments
Source Language
English
Civil Procedure Extension of Time Record of Appeal Procedural Amendments

Case Brief

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Parties

David Joseph Mahende

Applicant

Afriscan Group Tanzania Ltd

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant is entitled to extension of time to include omitted documents in the record of appeal
  2. 2 Whether the amended rules on inclusion of documents in the record of appeal apply retrospectively

Ratio Decidendi

The application for extension of time is rendered superfluous by the retrospective application of the amended rules, which allow the applicant to seek inclusion of omitted documents in the record of appeal with the Registrar's permission without the need for a formal application for extension of time.

Court Disposition

Application struck out as superfluous

Orders

  • Application struck out with no order as to costs