david joseph mahende vs afriscan group tanzania ltd 2019 tzca 554 26 july 2019
The application for extension of time is rendered superfluous by the retrospective operation of the amended rules, which allow inclusion of omitted documents in the record of appeal with Registrar's permission at any time before hearing. The applicant should pursue this remedy instead of the present application.
- Citation
- david joseph mahende vs afriscan group tanzania ltd 2019 tzca 554 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
Case Brief
Summary, issues, holding and outcome
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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 Whether the applicant is entitled to extension of time to include omitted documents in the record of appeal
- 2 Whether the amended rules apply retroactively to the pending application
Ratio Decidendi
The application for extension of time is rendered superfluous by the retrospective operation of the amended rules, which allow inclusion of omitted documents in the record of appeal with Registrar's permission at any time before hearing. The applicant should pursue this remedy instead of the present application.
Court Disposition
Application struck out as superfluous
Orders
- No order as to costs
Full Case Text
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