JOSEPH MAINA V

JOSEPH MAINA V

The applicant demonstrated a technical delay as the initial revision was filed within time and promptly re-applied after the application was struck out for a technical defect. Technical delay is a recognized ground for extension of time, and there was no evidence of negligence or unaccounted delay.

Citation
JOSEPH MAINA V
Parties
Applicant: Joseph Maina; Respondent: Keby’s Hotel
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Miscellaneous Application for Extension of Time / Ruling on Application for Extension of Time to File Revision
Outcome
Application allowed
Legal Topics
Extension of Time, Technical Delay, Revision Applications, Striking Out Applications
Source Language
English
Labour Law Civil Procedure Extension of Time Technical Delay Revision Applications Striking Out Applications

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Parties

Joseph Maina

Applicant

Keby’s Hotel

Respondent

Procedural Posture

Miscellaneous Application for Extension of Time / Ruling on Application for Extension of Time to File Revision

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file a revision out of time
  2. 2 Whether technical delay constitutes a good ground for extension of time

Ratio Decidendi

The applicant demonstrated a technical delay as the initial revision was filed within time and promptly re-applied after the application was struck out for a technical defect. Technical delay is a recognized ground for extension of time, and there was no evidence of negligence or unaccounted delay.

Court Disposition

Application allowed

Orders

  • Applicant granted fourteen (14) days within which to file the intended revision