20130102 TZCA Dar es Salaam1

20130102 TZCA Dar es Salaam1

Applicant failed to show good cause for the delay as the explanation relied on unnamed court staff without supporting affidavits, rendering the reason speculative and insufficient for the exercise of the court's discretion to extend time.

Citation
20130102 TZCA Dar es Salaam1
Parties
Applicant: Guardian Limited; Applicant: Printa Afrique Limited; Respondent: Justin Nyari
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
2 January 2013
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to File Notice of Appeal
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Notice of Appeal, Affidavit Evidence
Source Language
English
Civil Procedure Extension of Time Notice of Appeal Affidavit Evidence

Case Brief

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Parties

Guardian Limited

Applicant

Printa Afrique Limited

Applicant

Justin Nyari

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time to File Notice of Appeal

Legal Issues

  1. 1 Whether sufficient cause was shown for extension of time to file notice of appeal
  2. 2 Whether failure to name or obtain affidavit from court staff constitutes sufficient cause for delay

Ratio Decidendi

Applicant failed to show good cause for the delay as the explanation relied on unnamed court staff without supporting affidavits, rendering the reason speculative and insufficient for the exercise of the court's discretion to extend time.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time is dismissed
  • Costs awarded to the respondent