mega builders ltd vs dpi simba ltd 2021 tzca 55 25 february 2021

mega builders ltd vs dpi simba ltd 2021 tzca 55 25 february 2021

The applicant failed to account for the inordinate delay of more than two years and did not establish any apparent illegality on the face of record; therefore, no good cause was shown for extension of time.

Citation
mega builders ltd vs dpi simba ltd 2021 tzca 55 25 february 2021
Parties
Applicant: Mega Builders Limited; Respondent: D.P.I. Simba Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
25 February 2021
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to Apply for Revision
Outcome
Application dismissed with costs.
Legal Topics
Extension of Time, Execution Proceedings, Illegality as Ground for Extension
Source Language
English
Civil Procedure Extension of Time Execution Proceedings Illegality as Ground for Extension

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Parties

Mega Builders Limited

Applicant

D.P.I. Simba Limited

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time to Apply for Revision

Legal Issues

  1. 1 Whether the applicant has shown good cause for extension of time to apply for revision
  2. 2 Whether alleged illegality in execution proceedings constitutes good cause

Ratio Decidendi

The applicant failed to account for the inordinate delay of more than two years and did not establish any apparent illegality on the face of record; therefore, no good cause was shown for extension of time.

Court Disposition

Application dismissed with costs.

Orders

  • Application for extension of time is dismissed.
  • Applicant to pay costs.