mohamed enterprises co ltd vs mussa shabani chekechea 2016 tzca 261 23 october 2016

Sufficient cause was established for extension of time due to late supply of missing documents by the court; affidavit was not defective as alleged and preliminary objection failed as it was not based on pure point of law.

Citation: mohamed enterprises co ltd vs mussa shabani chekechea 2016 tzca 261 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 Lodge 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 Lodge Supplementary Record of Appeal and Written Submissions

Legal Issues

1 Whether sufficient cause exists to grant extension of time to file supplementary record of appeal and written submissions
2 Whether the supporting affidavit is defective and constitutes hearsay
3 Whether the preliminary objection raised meets the legal threshold

Ratio Decidendi

Court Disposition

Application allowed

Orders

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