magnet construction limited vs bruce wallace jones 2021 tzca 654 5 november 2021

magnet construction limited vs bruce wallace jones 2021 tzca 654 5 november 2021

The appellant failed to account for the 51-day delay and did not sufficiently demonstrate illegality in the decision being challenged; therefore, the High Court properly exercised its discretion in refusing extension of time.

Citation
magnet construction limited vs bruce wallace jones 2021 tzca 654 5 november 2021
Parties
Appellant: Magnet Construction Limited; Respondent: Bruce Wallace Jones
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
5 November 2021
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Extension of Time, Service of Process, Judicial Discretion, Illegality as Ground for Extension
Source Language
English

Case Brief

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Parties

Magnet Construction Limited

Appellant

Bruce Wallace Jones

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

  1. 1 Whether the appellant accounted for the period of delay as required by law
  2. 2 Whether illegality was fully established to enable the High Court to exercise its discretion to extend time

Ratio Decidendi

The appellant failed to account for the 51-day delay and did not sufficiently demonstrate illegality in the decision being challenged; therefore, the High Court properly exercised its discretion in refusing extension of time.

Court Disposition

appeal dismissed

Orders

  • Each party to bear their own costs