DICKSON EDITED 1

DICKSON EDITED 1

Although the delay was caused by the applicant’s former counsel’s negligence, the applicants accounted for every day of delay and acted promptly after the appeal was struck out. The alleged illegality was not apparent on the face of the record, but the technical delay and prompt action justified the exercise of...

Source-derived case information.

Citation
DICKSON EDITED 1
Parties
Applicant: Hydrox Industrial Services Limited; Applicant: Dickson Kashura; Respondent: CRDB (1996) Limited; Respondent: Angelo Pastory Muta; Respondent: Oldonyolengai Auction Mart
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
18 November 2024
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time to File Notice of Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Notice of Appeal, Technical Delay, Illegality as Ground for Extension, Negligence of Counsel
Source Language
english
Civil Procedure Appellate Practice Extension of Time Notice of Appeal Technical Delay Illegality as Ground for Extension Negligence of Counsel

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Parties

Hydrox Industrial Services Limited

Applicant

Dickson Kashura

Applicant

CRDB (1996) Limited

Respondent

Angelo Pastory Muta

Respondent

Oldonyolengai Auction Mart

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether sufficient cause exists to grant extension of time to file Notice of Appeal
  2. 2 Whether technical delay and/or illegality constitute sufficient grounds for extension
  3. 3 Whether negligence of counsel bars extension of time

Ratio Decidendi

Although the delay was caused by the applicant’s former counsel’s negligence, the applicants accounted for every day of delay and acted promptly after the appeal was struck out. The alleged illegality was not apparent on the face of the record, but the technical delay and prompt action justified the exercise of discretion to grant the extension.

Court Disposition

Application granted

Orders

  • Applicant to file the notice of appeal within fourteen (14) days from the date of this ruling.