keith horan another vs zameer sherali rashid another 2019 tzca 437 10 december 2019

keith horan another vs zameer sherali rashid another 2019 tzca 437 10 december 2019

The applicants were not at fault for the delay as it was due to late supply of the drawn order by the High Court's Registry, and the subsequent delay was a technical delay following a struck-out application, which is excusable. The applicants acted promptly in lodging the present application, and thus good cause for extension of time was established.

Citation
keith horan another vs zameer sherali rashid another 2019 tzca 437 10 december 2019
Parties
Applicant: Keith Horan; Applicant: Z. Hotel; Respondent: Zameer Sherali Rashid; Respondent: Kamati ya Maendeleo Shehia ya Nungwi; Respondent: Katibu Kamati ya Maendeleo Shehia ya Nungwi
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
10 December 2019
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Revision, Right to Be Heard, Technical Delay
Source Language
English
Civil Procedure Extension of Time Revision Right to Be Heard Technical Delay

Case Brief

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Parties

Keith Horan

Applicant

Z. Hotel

Applicant

Zameer Sherali Rashid

Respondent

Kamati ya Maendeleo Shehia ya Nungwi

Respondent

Katibu Kamati ya Maendeleo Shehia ya Nungwi

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether there is good cause to grant extension of time to apply for revision of the High Court decision
  2. 2 Whether the delay in filing the application for revision was justified

Ratio Decidendi

The applicants were not at fault for the delay as it was due to late supply of the drawn order by the High Court's Registry, and the subsequent delay was a technical delay following a struck-out application, which is excusable. The applicants acted promptly in lodging the present application, and thus good cause for extension of time was established.

Court Disposition

Application granted

Orders

  • Applicants to lodge intended application for revision within sixty (60) days from the date of delivery of this ruling
  • Costs to follow the event in the intended revision