mohamed abdillah nur vs hamad masauni 2 others 2023 tzhccomd 36 24 february 2023

mohamed abdillah nur vs hamad masauni 2 others 2023 tzhccomd 36 24 february 2023

Technical delay caused by procedural error, promptly rectified by applicants, constitutes sufficient cause for extension of time. Alleged illegalities are not apparent on the face of the record, but in the interest of justice and absence of procedural abuse, extension is granted.

Citation
mohamed abdillah nur vs hamad masauni 2 others 2023 tzhccomd 36 24 february 2023
Parties
1st Applicant: Mohamed Abdillah Nur; 2nd Applicant: Ummul Kheri Mohamed; 3rd Applicant: Wings Flight Services Ltd; 1st Respondent: Hamad Masauni; 2nd Respondent: Arthur Mosha; 3rd Respondent: Juma Mabakila
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
24 February 2023
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Leave to Appeal, Derivative Actions, Jurisdiction, Limitation of Actions
Source Language
English
Civil Procedure Company Law Appellate Practice Extension of Time Leave to Appeal Derivative Actions Jurisdiction Limitation of Actions

Case Brief

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Parties

Mohamed Abdillah Nur

1st Applicant

Ummul Kheri Mohamed

2nd Applicant

Wings Flight Services Ltd

3rd Applicant

Hamad Masauni

1st Respondent

Arthur Mosha

2nd Respondent

Juma Mabakila

3rd Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether sufficient cause exists to warrant extension of time to apply for leave to appeal to the Court of Appeal
  2. 2 Whether technical delay and alleged illegalities constitute sufficient grounds for extension

Ratio Decidendi

Technical delay caused by procedural error, promptly rectified by applicants, constitutes sufficient cause for extension of time. Alleged illegalities are not apparent on the face of the record, but in the interest of justice and absence of procedural abuse, extension is granted.

Court Disposition

Application granted

Orders

  • Applicants are given 14 days from the date of ruling to apply for leave to appeal to the Court of Appeal
  • Each party shall bear its own costs