david simon mzena vs bank of india t limited another 2023 tzhccomd 226 14 june 2023

david simon mzena vs bank of india t limited another 2023 tzhccomd 226 14 june 2023

The applicant failed to establish any illegality apparent on the face of the record in the deed of settlement, and did not provide sufficient cause or account for each day of delay. The medical evidence did not prove unsoundness of mind or lack of consent. Therefore, the application for extension of time to file notice of appeal is dismissed for want of merit.

Citation
david simon mzena vs bank of india t limited another 2023 tzhccomd 226 14 june 2023
Parties
Applicant: David Simon Mzena; 1st Respondent: Bank of India (T) Limited; 2nd Respondent: Best Group of (T)
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
14 June 2023
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application for Extension of Time to File Notice of Appeal
Outcome
Application dismissed
Legal Topics
Extension of Time, Appeal Procedure, Consent Judgment, Illegality as Ground for Extension
Source Language
English
Civil Procedure Contract Law Extension of Time Appeal Procedure Consent Judgment Illegality as Ground for Extension

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Parties

David Simon Mzena

Applicant

Bank of India (T) Limited

1st Respondent

Best Group of (T)

2nd Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Application for Extension of Time to File Notice of Appeal

Legal Issues

  1. 1 Whether sufficient cause exists to grant extension of time to file notice of appeal
  2. 2 Whether alleged illegality in the deed of settlement justifies extension of time

Ratio Decidendi

The applicant failed to establish any illegality apparent on the face of the record in the deed of settlement, and did not provide sufficient cause or account for each day of delay. The medical evidence did not prove unsoundness of mind or lack of consent. Therefore, the application for extension of time to file notice of appeal is dismissed for want of merit.

Court Disposition

Application dismissed

Orders

  • Each party to bear its own costs