diamond fields automobiles others vs loans advances realization trust 2005 tzca 43 1 september 200

diamond fields automobiles others vs loans advances realization trust 2005 tzca 43 1 september 200

Sufficient cause for extension of time was established because the delay was due to the court's delay in determining the application for leave, leave was necessary for the interlocutory appeal at the material time, and the law barring such appeals was enacted after the ruling in question.

Citation
diamond fields automobiles others vs loans advances realization trust 2005 tzca 43 1 september 200
Parties
Applicant: Diamond Fields Automobiles Hardware; Applicant: Jayantilal Pragji Rajani; Applicant: Sunil Amrantlal Rajani; Respondent: The Loans and Advances Realization Trust
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 January 2005
Procedural Posture
Civil Application / Application for Extension of Time to Appeal
Outcome
application granted
Legal Topics
Extension of Time, Leave to Appeal, Interlocutory Appeals
Source Language
English
Civil Procedure Appellate Practice Extension of Time Leave to Appeal Interlocutory Appeals

Case Brief

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Parties

Diamond Fields Automobiles Hardware

Applicant

Jayantilal Pragji Rajani

Applicant

Sunil Amrantlal Rajani

Applicant

The Loans and Advances Realization Trust

Respondent

Procedural Posture

Civil Application / Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether sufficient reason exists to extend the period for filing an appeal against a preliminary ruling of the LART Tribunal
  2. 2 Whether leave to appeal was necessary for an interlocutory matter

Ratio Decidendi

Sufficient cause for extension of time was established because the delay was due to the court's delay in determining the application for leave, leave was necessary for the interlocutory appeal at the material time, and the law barring such appeals was enacted after the ruling in question.

Court Disposition

application granted

Orders

  • Extension of time to appeal granted for 14 days from the date of the ruling
  • Intended appeal to be filed by 15th September, 2005