dimension data solution ltd vs wia group ltd others 2018 tzca 362 6 june 2018

dimension data solution ltd vs wia group ltd others 2018 tzca 362 6 june 2018

The application for extension of time was premature as the applicant had not obtained the impugned proceedings, making it impossible for the Court to determine if illegality was apparent on the face of the record. Without the proceedings, the application could not be properly considered.

Citation
dimension data solution ltd vs wia group ltd others 2018 tzca 362 6 june 2018
Parties
Applicant: Dimension Data Solutions Limited; 1st Respondent: WIA Group Limited; 2nd Respondent: Abdulrahman Omar Kinana; 3rd Respondent: Eric Mwenda
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
6 June 2018
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to File Revision
Outcome
Application struck out with costs
Legal Topics
Extension of Time, Revision, Default Judgment, Illegality, Natural Justice
Source Language
English
Civil Procedure Extension of Time Revision Default Judgment Illegality Natural Justice

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Parties

Dimension Data Solutions Limited

Applicant

WIA Group Limited

1st Respondent

Abdulrahman Omar Kinana

2nd Respondent

Eric Mwenda

3rd Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time to File Revision

Legal Issues

  1. 1 Whether the applicant demonstrated good cause for extension of time to file revision
  2. 2 Whether alleged illegality constitutes good cause for extension of time

Ratio Decidendi

The application for extension of time was premature as the applicant had not obtained the impugned proceedings, making it impossible for the Court to determine if illegality was apparent on the face of the record. Without the proceedings, the application could not be properly considered.

Court Disposition

Application struck out with costs

Orders

  • Registrar of the Commercial Court to supply the applicant with the impugned proceedings as soon as possible