20061116 TZCA Dar es Salaam1

20061116 TZCA Dar es Salaam1

Applicant failed to show sufficient reason for not filing the appeal within the prescribed time, as he could have filed the appeal with the documents already supplied and later filed a supplementary record if necessary. The delay was attributable to the applicant's own lack of diligence.

Citation
20061116 TZCA Dar es Salaam1
Parties
Applicant: Idoi Semvua Msangi; 1st Respondent: The Liquidators of Tanzania Crown Cock Company Limited; 2nd Respondent: Mr. Vicent Bruno Minja
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
16 November 2006
Procedural Posture
Civil Application / Application for Extension of Time to File Memorandum and Record of Appeal
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Appeal Procedure, Res Judicata, Court Discretion
Source Language
English
Civil Procedure Appellate Practice Extension of Time Appeal Procedure Res Judicata Court Discretion

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Parties

Idoi Semvua Msangi

Applicant

The Liquidators of Tanzania Crown Cock Company Limited

1st Respondent

Mr. Vicent Bruno Minja

2nd Respondent

Procedural Posture

Civil Application / Application for Extension of Time to File Memorandum and Record of Appeal

Legal Issues

  1. 1 Whether sufficient cause was shown to warrant extension of time to file appeal
  2. 2 Whether applicant's delay in filing appeal was justified

Ratio Decidendi

Applicant failed to show sufficient reason for not filing the appeal within the prescribed time, as he could have filed the appeal with the documents already supplied and later filed a supplementary record if necessary. The delay was attributable to the applicant's own lack of diligence.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time is dismissed
  • Applicant to pay costs