national insurance corporation t ltd vs shengena ltd 2010 tzhccomd 14 14 june 2010

national insurance corporation t ltd vs shengena ltd 2010 tzhccomd 14 14 june 2010

The Law of Limitation Act does not apply to applications for extension of time to file notice of appeal to the Court of Appeal under section 11(1) of the Appellate Jurisdiction Act; defects in affidavits, including verification by advocate, are not fatal and can be cured by amendment; however, the applicant failed to provide good reasons explaining the delay in filing the application for extension of time, and thus the application must be struck out.

Citation
national insurance corporation t ltd vs shengena ltd 2010 tzhccomd 14 14 june 2010
Parties
Applicant/judgment Debtor: National Insurance Corporation (T) Ltd; Respondent/decree Holder: Shengena Ltd
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
14 June 2010
Procedural Posture
Commercial Case / Ruling on Application for Extension of Time to File Notice of Appeal and Preliminary Objections
Outcome
Application struck out with costs
Legal Topics
Extension of Time, Affidavit Defects, Limitation Period, Preliminary Objections, Stay of Execution
Source Language
English
Civil Procedure Appellate Practice Extension of Time Affidavit Defects Limitation Period Preliminary Objections Stay of Execution

Case Brief

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Parties

National Insurance Corporation (T) Ltd

Applicant/judgment Debtor

Shengena Ltd

Respondent/decree Holder

Procedural Posture

Commercial Case / Ruling on Application for Extension of Time to File Notice of Appeal and Preliminary Objections

Legal Issues

  1. 1 Whether the application for extension of time to file Notice of Appeal is time barred
  2. 2 Whether defects in affidavits can be disposed of by preliminary objection
  3. 3 Whether verification by advocate instead of deponent renders affidavit incurably defective

Ratio Decidendi

The Law of Limitation Act does not apply to applications for extension of time to file notice of appeal to the Court of Appeal under section 11(1) of the Appellate Jurisdiction Act; defects in affidavits, including verification by advocate, are not fatal and can be cured by amendment; however, the applicant failed to provide good reasons explaining the delay in filing the application for extension of time, and thus the application must be struck out.

Court Disposition

Application struck out with costs

Orders

  • Application for extension of time to file Notice of Appeal is struck out with costs