edpb construction co ltd others vs crdb bank plc 2020 tzca 188 6 march 2020

edpb construction co ltd others vs crdb bank plc 2020 tzca 188 6 march 2020

The respondent acted reasonably and with promptitude in requesting documents; the delay was attributable to the Registrar's failure to supply the drawn order, not to the respondent's inaction. The complaints regarding unaccounted periods were not raised before the single Judge and are afterthoughts. The single Judge properly exercised discretion in granting extension of time.

Citation
edpb construction co ltd others vs crdb bank plc 2020 tzca 188 6 march 2020
Parties
Applicant: EDPB Construction Co. Ltd; Applicant: Isack Bugali Mwamasika; Applicant: John Mwambigija; Respondent: CRDB Bank PLC
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
6 March 2020
Procedural Posture
Civil Reference / Ruling on Reference From Single Judge Decision
Outcome
reference dismissed with costs
Legal Topics
Extension of Time, Revision Applications, Judicial Discretion
Source Language
English
Civil Procedure Extension of Time Revision Applications Judicial Discretion

Case Brief

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Parties

EDPB Construction Co. Ltd

Applicant

Isack Bugali Mwamasika

Applicant

John Mwambigija

Applicant

CRDB Bank PLC

Respondent

Procedural Posture

Civil Reference / Ruling on Reference From Single Judge Decision

Legal Issues

  1. 1 Whether the respondent accounted for the delay in applying for revision within prescribed time
  2. 2 Whether the single Judge exercised discretion properly in granting extension of time

Ratio Decidendi

The respondent acted reasonably and with promptitude in requesting documents; the delay was attributable to the Registrar's failure to supply the drawn order, not to the respondent's inaction. The complaints regarding unaccounted periods were not raised before the single Judge and are afterthoughts. The single Judge properly exercised discretion in granting extension of time.

Court Disposition

reference dismissed with costs

Orders

  • reference dismissed
  • costs awarded to respondent