eshe shebe vs asac care unit ltd and others 2020 tzhccomd 1869 10 june 2020

eshe shebe vs asac care unit ltd and others 2020 tzhccomd 1869 10 june 2020

Applicant failed to account for each day of delay and did not demonstrate diligence; illness was not substantiated; negligence of counsel is not sufficient cause; application dismissed.

Citation
eshe shebe vs asac care unit ltd and others 2020 tzhccomd 1869 10 june 2020
Parties
Applicant: Eshe Shebe Hemed; 1st Respondent: ASAC Care Unit Ltd; 2nd Respondent: Ayoub Salehe Chamshama; 3rd Respondent: Soud Ayoub Chamshama; 4th Respondent: Soud Ayoub Salehe; 5th Respondent: National Bank of Commerce; 6th Respondent: Charles Kajala Sengo (Court Broker) T/A Mwafica Group Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
10 June 2020
Procedural Posture
Misc. Civil Application / Ruling on Application for Extension of Time
Outcome
Application dismissed with costs.
Legal Topics
Extension of Time, Objection Proceedings, Right to Be Heard, Dismissal for Want of Prosecution
Source Language
English
Civil Procedure Commercial Law Extension of Time Objection Proceedings Right to Be Heard Dismissal for Want of Prosecution

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 14 Party arguments 2
Sign in to unlock

Parties

Eshe Shebe Hemed

Applicant

ASAC Care Unit Ltd

1st Respondent

Ayoub Salehe Chamshama

2nd Respondent

Soud Ayoub Chamshama

3rd Respondent

Soud Ayoub Salehe

4th Respondent

National Bank of Commerce

5th Respondent

Charles Kajala Sengo (Court Broker) T/A Mwafica Group Limited

6th Respondent

Procedural Posture

Misc. Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has adduced sufficient cause for extension of time to set aside ex-parte ruling
  2. 2 Whether illness and lack of notice constitute sufficient cause for delay

Ratio Decidendi

Applicant failed to account for each day of delay and did not demonstrate diligence; illness was not substantiated; negligence of counsel is not sufficient cause; application dismissed.

Court Disposition

Application dismissed with costs.

Orders

  • Application for extension of time dismissed.
  • Applicant to pay costs.