davis bernad haule vs national microfinance bank plc 2019 tzhc 2125 23 january 2019

The delay was technical, not actual, as the applicant had timely filed the initial appeal which was struck out for incompetence; the subsequent application for extension was filed promptly within the circumstances, and thus sufficient cause was shown for extension of time.

Citation: davis bernad haule vs national microfinance bank plc 2019 tzhc 2125 23 january 2019
Parties: Applicant: Davis Bernad Haule; Respondent: National Microfinance Bank (PLC)
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 23 January 2019
Procedural Posture: Misc. Labour Application / Ruling on Application for Extension of Time to Lodge Notice of Appeal
Outcome: Application granted
Legal Topics: Extension of Time, Notice of Appeal, Technical Delay, Illegality as Ground for Extension
Source Language: English

Labour Law Civil Procedure Extension of Time Notice of Appeal Technical Delay Illegality as Ground for Extension

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Parties

Davis Bernad Haule

Applicant

National Microfinance Bank (PLC)

Respondent

Procedural Posture

Misc. Labour Application / Ruling on Application for Extension of Time to Lodge Notice of Appeal

Legal Issues

1 Whether sufficient cause exists to grant extension of time to lodge notice of appeal
2 Whether technical delay constitutes sufficient cause
3 Whether illegality of the CMA decision is a ground for extension

Ratio Decidendi

Court Disposition

Application granted

Orders

Applicant is given thirty (30) days from the date of the ruling to file the notice of appeal to the Court of Appeal of Tanzania
No order as to costs