19960726 TZHC Dar es Salaam

19960726 TZHC Dar es Salaam

The High Court has jurisdiction under s.11(1) of the Appellate Jurisdiction Act to extend time for filing notice of appeal. The applicant showed sufficient grounds for delay, being late by one day due to cashier's absence, and the application is granted.

Citation
19960726 TZHC Dar es Salaam
Parties
Respondent/decree Holder: Star Transport Co. Ltd; Applicant/judgment Debtor: National Bank of Commerce (NBC)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 July 1996
Procedural Posture
Civil Application / Ruling on Application for Extension of Time and Lifting Attachment Order
Outcome
application granted
Legal Topics
Extension of Time, Notice of Appeal, Attachment Order, Jurisdiction, Security Bond
Source Language
English
Civil Procedure Banking Law Extension of Time Notice of Appeal Attachment Order Jurisdiction Security Bond

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Parties

Star Transport Co. Ltd

Respondent/decree Holder

National Bank of Commerce (NBC)

Applicant/judgment Debtor

Procedural Posture

Civil Application / Ruling on Application for Extension of Time and Lifting Attachment Order

Legal Issues

  1. 1 Whether the High Court has jurisdiction to extend time for filing notice of appeal to the Court of Appeal
  2. 2 Whether sufficient grounds exist for granting extension of time to file notice of appeal
  3. 3 Whether attachment order should be lifted

Ratio Decidendi

The High Court has jurisdiction under s.11(1) of the Appellate Jurisdiction Act to extend time for filing notice of appeal. The applicant showed sufficient grounds for delay, being late by one day due to cashier's absence, and the application is granted.

Court Disposition

application granted

Orders

  • Leave granted to file notice of appeal out of time; notice to be filed on 29.7.1996 or 30.7.1996 if 29th is not a working day.
  • Attachment order lifted upon filing notice of appeal.