mbeya city council vs tanzania building works ltd others 2023 tzca 17999 13 december 2023

mbeya city council vs tanzania building works ltd others 2023 tzca 17999 13 december 2023

The supporting affidavit did not contain hearsay statements as the deponent had personal knowledge of the facts. The applicant acted diligently and promptly in requesting and following up on the required documents. The delay was caused by the High Court's failure to supply the documents, not by negligence of the applicant. Sufficient cause was established for extension of time.

Citation
mbeya city council vs tanzania building works ltd others 2023 tzca 17999 13 december 2023
Parties
Applicant: Mbeya City Council; 1st Respondent: Tanzania Building Works Ltd; 2nd Respondent: Commercial Bank of Africa; 3rd Respondent: Jubilee Insurance Company of Tanzania Ltd
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
13 December 2023
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Affidavit Requirements, Supplementary Record of Appeal
Source Language
English
Civil Procedure Extension of Time Affidavit Requirements Supplementary Record of Appeal

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Parties

Mbeya City Council

Applicant

Tanzania Building Works Ltd

1st Respondent

Commercial Bank of Africa

2nd Respondent

Jubilee Insurance Company of Tanzania Ltd

3rd Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the supporting affidavit contained hearsay statements and lacked proper verification
  2. 2 Whether sufficient cause was shown for extension of time to lodge supplementary record of appeal

Ratio Decidendi

The supporting affidavit did not contain hearsay statements as the deponent had personal knowledge of the facts. The applicant acted diligently and promptly in requesting and following up on the required documents. The delay was caused by the High Court's failure to supply the documents, not by negligence of the applicant. Sufficient cause was established for extension of time.

Court Disposition

Application granted

Orders

  • Extension of 60 days granted to file supplementary record of appeal from date of ruling
  • Costs to be in the cause