KASERKANDIS CONSTRUCTION LTD
The applicant demonstrated sufficient cause for extension of time due to technical delay arising from withdrawal of a timely but defective application, acted promptly and diligently, and accounted for each day of delay; therefore, the application for extension of time is allowed.
- Citation
- KASERKANDIS CONSTRUCTION LTD
- Parties
- Applicant: Kaserkandis Construction Limited; 1st Respondent: Tarime District Council; 2nd Respondent: Attorney General
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 19 June 2024
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Application for Extension of Time
- Outcome
- Application allowed
- Legal Topics
- Extension of Time, Summary Judgment, Technical Delay, Right to Be Heard
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Kaserkandis Construction Limited
Applicant
Tarime District Council
1st Respondent
Attorney General
2nd Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the applicant demonstrated sufficient cause for extension of time to apply to set aside summary judgment
- 2 Whether technical delay constitutes sufficient cause for extension of time
Ratio Decidendi
The applicant demonstrated sufficient cause for extension of time due to technical delay arising from withdrawal of a timely but defective application, acted promptly and diligently, and accounted for each day of delay; therefore, the application for extension of time is allowed.
Court Disposition
Application allowed
Orders
- Applicant is granted twenty (20) days from the date of the ruling to refile the application for setting aside the summary judgment dated 19th June 2024.
- Each party shall bear their own costs.
Full Case Text
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