mohamed enterprises tanzania ltd vs mussa shabani chekechea 2016 tzca 254 23 october 2016

mohamed enterprises tanzania ltd vs mussa shabani chekechea 2016 tzca 254 23 october 2016

The applicant demonstrated sufficient cause for the delay, as the missing documents were not supplied within the prescribed period despite diligent efforts. The affidavit was not defective as alleged, and the preliminary objections raised by the respondent lacked merit. Extension of time was therefore warranted.

Citation
mohamed enterprises tanzania ltd vs mussa shabani chekechea 2016 tzca 254 23 october 2016
Parties
Applicant: Mohamed Enterprises (T) Ltd; Respondent: Mussa Shabani Chekechea
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
23 October 2016
Procedural Posture
Civil Application / Application for Extension of Time to File Supplementary Record of Appeal and Written Submissions
Outcome
Application allowed
Legal Topics
Extension of Time, Supplementary Record of Appeal, Affidavit Defects, Preliminary Objection
Source Language
English
Civil Procedure Extension of Time Supplementary Record of Appeal Affidavit Defects Preliminary Objection

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Parties

Mohamed Enterprises (T) Ltd

Applicant

Mussa Shabani Chekechea

Respondent

Procedural Posture

Civil Application / Application for Extension of Time to File Supplementary Record of Appeal and Written Submissions

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file supplementary record of appeal and written submissions
  2. 2 Whether the affidavit in support of the application is defective and renders the application incompetent

Ratio Decidendi

The applicant demonstrated sufficient cause for the delay, as the missing documents were not supplied within the prescribed period despite diligent efforts. The affidavit was not defective as alleged, and the preliminary objections raised by the respondent lacked merit. Extension of time was therefore warranted.

Court Disposition

Application allowed

Orders

  • Applicant to prepare and file a supplementary record of appeal in Civil Appeal No. 64 of 2015 within 21 days from the date of the ruling
  • Applicant to file written submissions in support of the appeal within 21 days from the date of the ruling