edina john mgeni vs national bank of commerce limited another 2022 tzhccomd 192 28 july 2022
The applicant failed to account for every single day of delay and did not provide sufficient reasons for the delay in her affidavit. Reliance on the advocate without making follow-ups is not a sufficient reason.
- Citation
- edina john mgeni vs national bank of commerce limited another 2022 tzhccomd 192 28 july 2022
- Parties
- Applicant: Edina John Mgeni alias Jesca Dinah John; 1st Respondent: National Bank of Commerce Limited; 2nd Respondent: Mbeya Cement Company Limited
- Court
- TZHCCOMD
- Jurisdiction
- Tanzania
- Judgment Date
- 28 July 2022
- Procedural Posture
- Miscellaneous Commercial Application / Ruling on Application for Extension of Time
- Outcome
- Application dismissed
- Legal Topics
- Extension of Time, Appeal Procedure, Delay and Sufficient Cause
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Edina John Mgeni alias Jesca Dinah John
Applicant
National Bank of Commerce Limited
1st Respondent
Mbeya Cement Company Limited
2nd Respondent
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the applicant has shown sufficient reasons for delay to warrant extension of time to file notice of appeal and leave to appeal out of time
Ratio Decidendi
The applicant failed to account for every single day of delay and did not provide sufficient reasons for the delay in her affidavit. Reliance on the advocate without making follow-ups is not a sufficient reason.
Court Disposition
Application dismissed
Orders
- Applicant to pay costs of the application to the 1st respondent
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