20061116 TZCA Dar es Salaam 1

20061116 TZCA Dar es Salaam 1

The applicant failed to show sufficient cause for the delay, as he could have filed the appeal within the prescribed time using the documents already supplied and later filed a supplementary record if needed. The rules do not provide for multiple certificates of delay, and the applicant's inaction after receiving the certificate is not excusable.

Citation
20061116 TZCA Dar es Salaam 1
Parties
Applicant: Iddi Semvua Msangi; 1st Respondent: The Liquidators of Tanzania Crown Cork Company Limited; 2nd Respondent: Mr. Vicent Bruno Minja
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
16 November 2006
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Outcome
application dismissed
Legal Topics
Extension of Time, Appeal Procedure, Sufficient Cause, Court Discretion
Source Language
English
Civil Procedure Appellate Practice Extension of Time Appeal Procedure Sufficient Cause Court Discretion

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Parties

Iddi Semvua Msangi

Applicant

The Liquidators of Tanzania Crown Cork Company Limited

1st Respondent

Mr. Vicent Bruno Minja

2nd Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file memorandum and record of appeal

Ratio Decidendi

The applicant failed to show sufficient cause for the delay, as he could have filed the appeal within the prescribed time using the documents already supplied and later filed a supplementary record if needed. The rules do not provide for multiple certificates of delay, and the applicant's inaction after receiving the certificate is not excusable.

Court Disposition

application dismissed

Orders

  • The application for extension of time is dismissed with costs.