kempisnki hotel sa vs zamani resorts limited another 2023 tzca 17477 9 august 2023

kempisnki hotel sa vs zamani resorts limited another 2023 tzca 17477 9 august 2023

Technical delay from prosecuting prior applications is excusable; applicant was diligent; alleged illegalities in High Court's decision constitute sufficient cause for extension of time to file notice of appeal.

Citation
kempisnki hotel sa vs zamani resorts limited another 2023 tzca 17477 9 august 2023
Parties
Applicant: Kempinski Hotels S.A.; 1st Respondent: Zamani Resorts Limited; 2nd Respondent: The Executive Director Business & Property Registration Agency Zanzibar
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
9 August 2023
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to File Notice of Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Technical Delay, Illegality, Jurisdiction, Winding Up Proceedings
Source Language
English
Civil Procedure Company Law Arbitration Extension of Time Technical Delay Illegality Jurisdiction Winding Up Proceedings

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Parties

Kempinski Hotels S.A.

Applicant

Zamani Resorts Limited

1st Respondent

The Executive Director Business & Property Registration Agency Zanzibar

2nd Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time to File Notice of Appeal

Legal Issues

  1. 1 Whether sufficient cause exists to grant extension of time to file notice of appeal
  2. 2 Whether technical delay and alleged illegalities justify extension
  3. 3 Whether High Court erred in jurisdiction and interpretation of Companies Act

Ratio Decidendi

Technical delay from prosecuting prior applications is excusable; applicant was diligent; alleged illegalities in High Court's decision constitute sufficient cause for extension of time to file notice of appeal.

Court Disposition

Application granted

Orders

  • Extension of time to lodge notice of intention to appeal within sixty days of ruling
  • Costs to follow the event in the intended appeal