davis bernard haule vs national microfinance bank plc nmb 2020 tzca 158 23 march 2020
The applicant failed to show good cause for extension of time, as the delay was based on a misconception of the law regarding service of the letter requesting proceedings, which was not necessary for the appeal in this instance.
- Citation
- davis bernard haule vs national microfinance bank plc nmb 2020 tzca 158 23 march 2020
- Parties
- Applicant: Davis Bernard Haule; Respondent: National Microfinance Bank PLC (NMB)
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 23 March 2020
- Procedural Posture
- Civil Application / Ruling on Application for Extension of Time
- Outcome
- Application dismissed
- Legal Topics
- Extension of Time, Appeals, Service of Documents
- Source Language
- English
Case Brief
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Parties
Davis Bernard Haule
Applicant
National Microfinance Bank PLC (NMB)
Respondent
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether lack of proof of service of the letter requesting proceedings renders the appeal incompetent
- 2 Whether good cause was shown for extension of time to appeal
Ratio Decidendi
The applicant failed to show good cause for extension of time, as the delay was based on a misconception of the law regarding service of the letter requesting proceedings, which was not necessary for the appeal in this instance.
Court Disposition
Application dismissed
Orders
- Application dismissed for lack of merit and misconception
- Respondent awarded costs
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