mega builders ltd vs dpi simba ltd 2020 tzhccomd 1866 24 june 2020
The application was time barred and incompetent for failure to cite the enabling provision of the law; the applicant did not provide sufficient cause for the delay in the affidavit, and the justification offered in submissions was an afterthought.
- Citation
- mega builders ltd vs dpi simba ltd 2020 tzhccomd 1866 24 june 2020
- Parties
- Applicant: Mega Builders Limited; Respondent: DPI Simba Limited
- Court
- TZHCCOMD
- Jurisdiction
- Tanzania
- Judgment Date
- 24 June 2020
- Procedural Posture
- Miscellaneous Commercial Application / Ruling on Preliminary Objections
- Outcome
- Application dismissed with costs
- Legal Topics
- Leave to Appeal, Time Limitation, Jurisdiction, Non Citation of Enabling Provision
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Mega Builders Limited
Applicant
DPI Simba Limited
Respondent
Procedural Posture
Miscellaneous Commercial Application / Ruling on Preliminary Objections
Legal Issues
- 1 Whether the application for leave to appeal was time barred
- 2 Whether the application was incompetent for non-citation of enabling provision of the law
Ratio Decidendi
The application was time barred and incompetent for failure to cite the enabling provision of the law; the applicant did not provide sufficient cause for the delay in the affidavit, and the justification offered in submissions was an afterthought.
Court Disposition
Application dismissed with costs
Orders
- Application dismissed under section 3(1) of the Law of Limitation Act, Cap. 89 R.E. 2002
- Applicant to pay costs
Full Case Text
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