mega builders ltd vs dpi simba ltd 2019 tzhccomd 144 29 april 2019

mega builders ltd vs dpi simba ltd 2019 tzhccomd 144 29 april 2019

Applicant failed to account for each day of delay for more than twelve months; no sufficient reasons advanced. Defective decree is not a ground for extension of time. Illegality argument raised in rejoinder is an afterthought and not reflected in pleadings. Court cannot exercise discretion to grant extension under these circumstances.

Citation
mega builders ltd vs dpi simba ltd 2019 tzhccomd 144 29 april 2019
Parties
Applicant/judgment Debtor: Mega Builders Limited; Respondent/decree Holder: DPI Simba Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
29 April 2019
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application for Extension of Time and Stay of Execution
Outcome
Application dismissed with costs.
Legal Topics
Extension of Time, Stay of Execution, Defective Decree, Limitation of Actions
Source Language
English
Civil Procedure Commercial Law Extension of Time Stay of Execution Defective Decree Limitation of Actions

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 3 Authorities cited 7 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Mega Builders Limited

Applicant/judgment Debtor

DPI Simba Limited

Respondent/decree Holder

Procedural Posture

Miscellaneous Commercial Application / Ruling on Application for Extension of Time and Stay of Execution

Legal Issues

  1. 1 Whether sufficient reasons exist to grant extension of time to apply for stay of execution
  2. 2 Whether a defective decree constitutes grounds for extension of time
  3. 3 Whether alleged illegality in the decree justifies extension of time

Ratio Decidendi

Applicant failed to account for each day of delay for more than twelve months; no sufficient reasons advanced. Defective decree is not a ground for extension of time. Illegality argument raised in rejoinder is an afterthought and not reflected in pleadings. Court cannot exercise discretion to grant extension under these circumstances.

Court Disposition

Application dismissed with costs.

Orders

  • Application for extension of time and stay of execution dismissed.
  • Costs awarded to respondent.