hanspaul automechs ltd vs rsa ltd 2019 tzca 43 18 april 2019
The applicant demonstrated that the delay was caused by inefficiency at the High Court Registry, not by their own inaction. The ground of illegality was not established. The applicant is not to be blamed for the delay, and sufficient cause for extension of time was shown.
- Citation
- hanspaul automechs ltd vs rsa ltd 2019 tzca 43 18 april 2019
- Parties
- Applicant: Hanspaul Automechs Limited; Respondent: RSA Limited
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 18 April 2019
- Procedural Posture
- Civil Application / Ruling on Application for Extension of Time
- Outcome
- Application granted
- Legal Topics
- Extension of Time, Leave to Appeal, Court Registry Delay, Illegality as Ground for Extension
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Hanspaul Automechs Limited
Applicant
RSA Limited
Respondent
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether sufficient cause exists to grant extension of time to file application for leave to appeal
- 2 Whether delay was caused by applicant or court registry
- 3 Whether alleged illegality in High Court decision constitutes sufficient cause
Ratio Decidendi
The applicant demonstrated that the delay was caused by inefficiency at the High Court Registry, not by their own inaction. The ground of illegality was not established. The applicant is not to be blamed for the delay, and sufficient cause for extension of time was shown.
Court Disposition
Application granted
Orders
- Applicant to file application for leave to appeal within 14 days of this ruling
- No order as to costs
Full Case Text
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