mega builders ltd vs dpi simba ltd 2018 tzhccomd 63 28 may 2018

mega builders ltd vs dpi simba ltd 2018 tzhccomd 63 28 may 2018

The applicant failed to demonstrate sufficient cause for the delay exceeding one year in filing the application for extension of time. The court declined to exercise its discretion in favor of the applicant due to lack of diligence and absence of reasonable explanation for the delay.

Citation
mega builders ltd vs dpi simba ltd 2018 tzhccomd 63 28 may 2018
Parties
Applicant: Mega Builders Limited; Respondent: DPI Simba Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
28 May 2018
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application for Extension of Time
Outcome
application dismissed
Legal Topics
Extension of Time, Review of Decree, Limitation Period
Source Language
English
Civil Procedure Extension of Time Review of Decree Limitation Period

Case Brief

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Parties

Mega Builders Limited

Applicant

DPI Simba Limited

Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to apply for review of decree
  2. 2 Whether the delay in filing the application is justified

Ratio Decidendi

The applicant failed to demonstrate sufficient cause for the delay exceeding one year in filing the application for extension of time. The court declined to exercise its discretion in favor of the applicant due to lack of diligence and absence of reasonable explanation for the delay.

Court Disposition

application dismissed

Orders

  • no order as to costs