km prospecting ltd vs drreginald abraham mengi 2 others 2018 tzhccomd 38 5 march 2018

km prospecting ltd vs drreginald abraham mengi 2 others 2018 tzhccomd 38 5 march 2018

The applicant failed to provide reasonable or sufficient cause for the delay, as the reasons advanced (illegality and denial of natural justice) are only relevant to applications for extension of time to file notice of appeal or leave to appeal, not for stay of execution. Additionally, the application was filed after an inordinate delay of over seven months without adequate explanation.

Citation
km prospecting ltd vs drreginald abraham mengi 2 others 2018 tzhccomd 38 5 march 2018
Parties
Applicant: K.M Prospecting Limited; 1st Respondent: Dr. Reginald Abraham Mengi; 2nd Respondent: Muganyizi J. Lutagwaba; 3rd Respondent: Erick Mashauri; 4th Respondent: Charles Xavier Mnguto
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
5 March 2018
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application for Extension of Time to File Application for Stay of Execution
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Stay of Execution, Natural Justice, Illegality, Discretion of Court
Source Language
English
Civil Procedure Extension of Time Stay of Execution Natural Justice Illegality Discretion of Court

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Parties

K.M Prospecting Limited

Applicant

Dr. Reginald Abraham Mengi

1st Respondent

Muganyizi J. Lutagwaba

2nd Respondent

Erick Mashauri

3rd Respondent

Charles Xavier Mnguto

4th Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Application for Extension of Time to File Application for Stay of Execution

Legal Issues

  1. 1 Whether the applicant has advanced reasonable or sufficient cause to warrant extension of time to file an application for stay of execution
  2. 2 Whether the application was lodged without undue delay

Ratio Decidendi

The applicant failed to provide reasonable or sufficient cause for the delay, as the reasons advanced (illegality and denial of natural justice) are only relevant to applications for extension of time to file notice of appeal or leave to appeal, not for stay of execution. Additionally, the application was filed after an inordinate delay of over seven months without adequate explanation.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time to file application for stay of execution is dismissed with costs in favour of respondents.
  • Right of appeal explained to parties.