CIVIL REFERENCE NO

CIVIL REFERENCE NO

The Court found no merit in the reference, holding that the citation error was overtaken by events, the certificate of delay was properly found invalid by the single Justice, there was insufficient proof to fault the single Justice's findings on service and collection of documents, and the late filing of written submissions did not prejudice the applicants or affect the application; substantive justice prevailed over procedural technicalities.

Citation
CIVIL REFERENCE NO
Parties
Applicant: Heri Microfinance Limited; Applicant: Cassiano Luca Kaegele; Respondent: CRDB Bank PLC
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2020
Procedural Posture
Civil Reference / Ruling
Outcome
Reference dismissed with costs.
Legal Topics
Extension of Time, Certificate of Delay, Written Submissions, Procedural Technicalities
Source Language
English
Civil Procedure Appellate Practice Extension of Time Certificate of Delay Written Submissions Procedural Technicalities

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Heri Microfinance Limited

Applicant

Cassiano Luca Kaegele

Applicant

CRDB Bank PLC

Respondent

Procedural Posture

Civil Reference / Ruling

Legal Issues

  1. 1 Whether the citation error in requesting proceedings was fatal or a mere typing error
  2. 2 Validity of the certificate of delay issued by the Deputy Registrar
  3. 3 Proof of service and collection of documents for appeal purposes

Ratio Decidendi

The Court found no merit in the reference, holding that the citation error was overtaken by events, the certificate of delay was properly found invalid by the single Justice, there was insufficient proof to fault the single Justice's findings on service and collection of documents, and the late filing of written submissions did not prejudice the applicants or affect the application; substantive justice prevailed over procedural technicalities.

Court Disposition

Reference dismissed with costs.

Orders

  • Reference dismissed
  • Costs awarded to respondent