lycopodium tanzania ltd vs power road t limited and 2 others 2020 tzhccomd 2102 30 november 2020

lycopodium tanzania ltd vs power road t limited and 2 others 2020 tzhccomd 2102 30 november 2020

The application for extension of time is granted solely on the ground of alleged illegality, which constitutes sufficient cause under section 14(1) of the Law of Limitation Act, as established by binding precedent. The court need not examine other grounds as the illegality alone warrants exercise of discretion.

Citation
lycopodium tanzania ltd vs power road t limited and 2 others 2020 tzhccomd 2102 30 november 2020
Parties
Applicant: Lycopodium Tanzania Ltd; 1st Respondent: Power Road (T) Limited; 2nd Respondent: Pangea Minerals Ltd; 3rd Respondent: Petrofuel (T) Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
30 November 2020
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application for Extension of Time
Outcome
Application for extension of time granted.
Legal Topics
Extension of Time, Ex Parte Decree, Service of Summons, Illegality as Ground for Extension
Source Language
English
Civil Procedure Commercial Law Extension of Time Ex Parte Decree Service of Summons Illegality as Ground for Extension

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 22 Party arguments 2
Sign in to unlock

Parties

Lycopodium Tanzania Ltd

Applicant

Power Road (T) Limited

1st Respondent

Pangea Minerals Ltd

2nd Respondent

Petrofuel (T) Limited

3rd Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether sufficient cause exists to grant extension of time to set aside ex-parte decree
  2. 2 Whether alleged illegality constitutes sufficient ground for extension
  3. 3 Whether time spent prosecuting appeal and cross-appeal should be excluded

Ratio Decidendi

The application for extension of time is granted solely on the ground of alleged illegality, which constitutes sufficient cause under section 14(1) of the Law of Limitation Act, as established by binding precedent. The court need not examine other grounds as the illegality alone warrants exercise of discretion.

Court Disposition

Application for extension of time granted.

Orders

  • Applicant to file application for setting aside ex-parte decree dated 24th October 2014 within 21 days from date of ruling (on or before 21st December 2020).
  • No order as to costs.