flycatcher safari limited vs gurupreet singha bhachu 2018 tzhc 2117 24 april 2018

flycatcher safari limited vs gurupreet singha bhachu 2018 tzhc 2117 24 april 2018

The applicant demonstrated good cause for the delay, as the defective decree was not their fault and the application was filed promptly after obtaining the rectified decree. The time spent obtaining the rectified decree is excluded under section 19(2) of the Law of Limitation Act.

Citation
flycatcher safari limited vs gurupreet singha bhachu 2018 tzhc 2117 24 april 2018
Parties
Applicant: Flycatcher Safari Limited; Respondent: Gurupreet Singh Bhachu
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 April 2018
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Appeals, Limitation of Actions
Source Language
English
Civil Procedure Extension of Time Appeals Limitation of Actions

Case Brief

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Parties

Flycatcher Safari Limited

Applicant

Gurupreet Singh Bhachu

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has shown good cause for extension of time to file an appeal
  2. 2 Whether the delay in filing the appeal was justified

Ratio Decidendi

The applicant demonstrated good cause for the delay, as the defective decree was not their fault and the application was filed promptly after obtaining the rectified decree. The time spent obtaining the rectified decree is excluded under section 19(2) of the Law of Limitation Act.

Court Disposition

Application granted

Orders

  • Applicant to lodge appeal within fourteen days from the date of delivery of this ruling
  • No order as to costs