granitech t company limited vs diamond trust bank tanzania limited others 2023 tzca 17470 1 august 2023

granitech t company limited vs diamond trust bank tanzania limited others 2023 tzca 17470 1 august 2023

Applicant failed to establish sufficient reason for delay as alleged sickness was unsupported by medical evidence and forgetfulness is not a valid ground; lack of diligence amounts to negligence, thus extension of time is not warranted.

Citation
granitech t company limited vs diamond trust bank tanzania limited others 2023 tzca 17470 1 august 2023
Parties
Applicant: Granitech (T) Company Limited; 1st Respondent: Diamond Trust Bank Tanzania Limited; 2nd Respondent: Safina Holding Company Limited; 3rd Respondent: Joseph Anthony Karwima; 4th Respondent: John Kassim Msemo Limited; 5th Respondent: Thomas Mtei Lebabu
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 August 2023
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Written Submissions, Court Discretion, Good Cause, Negligence
Source Language
English
Civil Procedure Extension of Time Written Submissions Court Discretion Good Cause Negligence

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Parties

Granitech (T) Company Limited

Applicant

Diamond Trust Bank Tanzania Limited

1st Respondent

Safina Holding Company Limited

2nd Respondent

Joseph Anthony Karwima

3rd Respondent

John Kassim Msemo Limited

4th Respondent

Thomas Mtei Lebabu

5th Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether sickness and forgetfulness constitute good cause for extension of time
  2. 2 Whether applicant was negligent in failing to file reply submissions within time

Ratio Decidendi

Applicant failed to establish sufficient reason for delay as alleged sickness was unsupported by medical evidence and forgetfulness is not a valid ground; lack of diligence amounts to negligence, thus extension of time is not warranted.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time is dismissed
  • Applicant to pay costs