20150604 TZCA Mwanza 1

20150604 TZCA Mwanza 1

The applicant's illness and hospitalization constituted good cause for failure to file written submissions on time, and non-citation of Rule 48(1) did not invalidate the application as the substantive requirements were met.

Citation
20150604 TZCA Mwanza 1
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
Source Language
English
Civil Procedure Extension of Time Written Submissions Judicial Discretion Non Citation of Procedural Rules

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

Ratio Decidendi

The applicant's illness and hospitalization constituted good cause for failure to file written submissions on time, and non-citation of Rule 48(1) did not invalidate the application as the substantive requirements were met.

Court Disposition

application allowed

Orders

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