jacob shija vs ms regent food drinks limited another 2023 tzca 17425 19 july 2023

jacob shija vs ms regent food drinks limited another 2023 tzca 17425 19 july 2023

The application was incompetent for being filed out of time without leave, and no good cause was shown for the delay. The applicant's grounds were either not raised before the Single Justice or did not amount to good cause under the law. The Single Justice's decision to dismiss the extension of time was correct.

Citation
jacob shija vs ms regent food drinks limited another 2023 tzca 17425 19 july 2023
Parties
Applicant: Jacob Shija; 1st Respondent: M/S Regent Food & Drinks Limited; 2nd Respondent: The Mwanza City Council
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
19 July 2023
Procedural Posture
Civil Reference / Ruling on Application for Reference Against Dismissal of Extension of Time
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Reference From Single Justice Decision, Computation of Time, Good Cause for Delay
Source Language
English
Civil Procedure Extension of Time Reference From Single Justice Decision Computation of Time Good Cause for Delay

Case Brief

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Parties

Jacob Shija

Applicant

M/S Regent Food & Drinks Limited

1st Respondent

The Mwanza City Council

2nd Respondent

Procedural Posture

Civil Reference / Ruling on Application for Reference Against Dismissal of Extension of Time

Legal Issues

  1. 1 Whether the application for reference was filed within the prescribed time under rule 62(1) of the Tanzania Court of Appeal Rules, 2009
  2. 2 Whether the applicant demonstrated good cause for extension of time

Ratio Decidendi

The application was incompetent for being filed out of time without leave, and no good cause was shown for the delay. The applicant's grounds were either not raised before the Single Justice or did not amount to good cause under the law. The Single Justice's decision to dismiss the extension of time was correct.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed with costs