john harald christer abrahamsson vs exim bank t limited others 2024 tzca 130 27 february 2024

john harald christer abrahamsson vs exim bank t limited others 2024 tzca 130 27 february 2024

Applicant failed to account for delay between previous application being struck out and filing of current application; alleged illegalities should be raised before executing court as alternative remedy exists; no sufficient cause shown for extension of time.

Citation
john harald christer abrahamsson vs exim bank t limited others 2024 tzca 130 27 february 2024
Parties
Applicant: John Harald Christer Abrahamsson; 1st Respondent: Exim Bank (T) Limited; 2nd Respondent: Dascar Limited; 3rd Respondent: MAS & Associates Company Limited & Court Broker; 4th Respondent: Yusuph Shaban Matimbwa
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
27 February 2024
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Revision, Execution Proceedings, Illegality, Sufficient Cause
Source Language
English
Civil Procedure Commercial Law Extension of Time Revision Execution Proceedings Illegality Sufficient Cause

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Parties

John Harald Christer Abrahamsson

Applicant

Exim Bank (T) Limited

1st Respondent

Dascar Limited

2nd Respondent

MAS & Associates Company Limited & Court Broker

3rd Respondent

Yusuph Shaban Matimbwa

4th Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether sufficient cause has been shown for extension of time to file revision application
  2. 2 Whether alleged illegalities in execution proceedings constitute sufficient cause for extension of time

Ratio Decidendi

Applicant failed to account for delay between previous application being struck out and filing of current application; alleged illegalities should be raised before executing court as alternative remedy exists; no sufficient cause shown for extension of time.

Court Disposition

Application dismissed with costs

Orders

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