davis bernard haule vs national microfinance bank plc nmb 2020 tzca 158 23 march 2020

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

  1. 1 Whether lack of proof of service of the letter requesting proceedings renders the appeal incompetent
  2. 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