mabula beatus lushinge vs conviva technologies ltd 2023 tzhcld 1134 17 february 2023

mabula beatus lushinge vs conviva technologies ltd 2023 tzhcld 1134 17 february 2023

The applicant failed to show sufficient cause for extension of time as the alleged sickness did not prevent him from communicating with his advocate, and the alleged illegality was not apparent on the face of the record. The applicant was negligent and did not account for each day of delay.

Citation
mabula beatus lushinge vs conviva technologies ltd 2023 tzhcld 1134 17 february 2023
Parties
Applicant: Mabula Beatus Lushinge; Respondent: Comviva Technologies Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
17 February 2023
Procedural Posture
Miscellaneous Application for Extension of Time to File Notice of Appeal / Ruling on Application for Extension of Time
Outcome
Application dismissed
Legal Topics
Extension of Time, Right to Be Heard, Illegality as Ground for Extension, Procedural Fairness
Source Language
English
Labour Law Civil Procedure Extension of Time Right to Be Heard Illegality as Ground for Extension Procedural Fairness

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Parties

Mabula Beatus Lushinge

Applicant

Comviva Technologies Limited

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file a Notice of Appeal
  2. 2 Whether sickness and alleged illegality constitute good grounds for extension of time

Ratio Decidendi

The applicant failed to show sufficient cause for extension of time as the alleged sickness did not prevent him from communicating with his advocate, and the alleged illegality was not apparent on the face of the record. The applicant was negligent and did not account for each day of delay.

Court Disposition

Application dismissed

Orders

  • Application for extension of time is dismissed for lack of merit.