leonard magesa vs ms olam t ltd 2015 tzca 180 4 june 2015

The applicant's illness and hospitalization constituted good cause for failure to file written submissions within time, and non-citation of Rule 48(1) did not preclude the Court from exercising its discretion to grant extension as the application otherwise complied with formal requirements.

Citation: leonard magesa vs ms olam t ltd 2015 tzca 180 4 june 2015
Parties: Applicant: Leonard Magesa; Respondent: M/S OLAM (T) LTD
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 4 June 2015
Procedural Posture: Civil Application / Application for Extension of Time to File Written Submissions in Pending Appeal
Outcome: application allowed
Legal Topics: Extension of Time, Written Submissions, Judicial Discretion, Non Citation of Procedural Rules, Illness as Good Cause
Source Language: English

Civil Procedure Extension of Time Written Submissions Judicial Discretion Non Citation of Procedural Rules Illness as Good Cause

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Parties

Leonard Magesa

Applicant

M/S OLAM (T) LTD

Respondent

Procedural Posture

Civil Application / Application for Extension of Time to File Written Submissions in Pending Appeal

Legal Issues

1 Whether the applicant has shown good cause for extension of time to file written submissions
2 Whether failure to cite Rule 48(1) is fatal to the application

Ratio Decidendi

Court Disposition

application allowed

Orders

Applicant granted thirty (30) days within which to file written submissions in Civil Appeal No. 117 of 2014
Costs to abide the outcome of the intended appeal