gapco t limited vs tedvan c nabora 2012 tzhc 11 27 july 2012

gapco t limited vs tedvan c nabora 2012 tzhc 11 27 july 2012

Applicant failed to advance sufficient reasons to account for the nineteen-month delay; neither advocate's resignation nor respondent's failure to notify hearing date justified the delay. Judicial discretion not exercised to grant extension.

Citation
gapco t limited vs tedvan c nabora 2012 tzhc 11 27 july 2012
Parties
Applicant: GAPCO (T) LIMITED; Respondent: TEDVAN C. NABORA
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 July 2012
Procedural Posture
Civil Revision / Ruling on Application for Extension of Time
Outcome
application dismissed with costs
Legal Topics
Extension of Time, Ex Parte Judgment, Revision, Malicious Prosecution
Source Language
English
Civil Procedure Extension of Time Ex Parte Judgment Revision Malicious Prosecution

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Parties

GAPCO (T) LIMITED

Applicant

TEDVAN C. NABORA

Respondent

Procedural Posture

Civil Revision / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether sufficient grounds exist to grant extension of time for filing revision against ex parte judgment
  2. 2 Whether resignation of applicant's advocate and failure of respondent to notify hearing date constitute sufficient reasons for delay

Ratio Decidendi

Applicant failed to advance sufficient reasons to account for the nineteen-month delay; neither advocate's resignation nor respondent's failure to notify hearing date justified the delay. Judicial discretion not exercised to grant extension.

Court Disposition

application dismissed with costs

Orders

  • application for extension of time dismissed
  • costs awarded to respondent