KASERKANDIS CONSTRUCTION LTD

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

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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

  1. 1 Whether the applicant demonstrated sufficient cause for extension of time to apply to set aside summary judgment
  2. 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.