david simon mzena vs bank of india t ltd another 2023 tzhccomd 243 14 july 2023

david simon mzena vs bank of india t ltd another 2023 tzhccomd 243 14 july 2023

The applicant failed to establish any illegality apparent on the face of record in the deed of settlement; medical evidence did not support unsoundness of mind; applicant did not account for each day of delay; therefore, no sufficient cause exists to grant extension of time.

Citation
david simon mzena vs bank of india t ltd another 2023 tzhccomd 243 14 july 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 July 2023
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application for Extension of Time to File Notice of Appeal
Outcome
Application dismissed for want of merit
Legal Topics
Extension of Time, Appeal Procedure, Consent Judgment, Illegality in Contract
Source Language
English
Civil Procedure Contract Law Extension of Time Appeal Procedure Consent Judgment Illegality in Contract

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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 deed of settlement justifies extension of time

Ratio Decidendi

The applicant failed to establish any illegality apparent on the face of record in the deed of settlement; medical evidence did not support unsoundness of mind; applicant did not account for each day of delay; therefore, no sufficient cause exists to grant extension of time.

Court Disposition

Application dismissed for want of merit

Orders

  • Each party to bear its own costs