mount meru millers ltd vs stephen bituro and others 2020 tzhc 206 28 february 2020

mount meru millers ltd vs stephen bituro and others 2020 tzhc 206 28 february 2020

The applicant demonstrated diligence and the delay was caused by the trial court's issuance of a defective decree. The applicant has shown good and sufficient cause for extension of time, and should not be penalized for the court's mistake.

Citation
mount meru millers ltd vs stephen bituro and others 2020 tzhc 206 28 february 2020
Parties
Applicant: Mount Meru Millers Limited; 1st Respondent: Stephen Bituro; 2nd Respondent: Faustine Bugingo; 3rd Respondent: Gilbert Saguda
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 February 2020
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Appeals, Limitation of Actions
Source Language
English
Civil Procedure Extension of Time Appeals Limitation of Actions

Case Brief

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Parties

Mount Meru Millers Limited

Applicant

Stephen Bituro

1st Respondent

Faustine Bugingo

2nd Respondent

Gilbert Saguda

3rd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file an appeal out of time

Ratio Decidendi

The applicant demonstrated diligence and the delay was caused by the trial court's issuance of a defective decree. The applicant has shown good and sufficient cause for extension of time, and should not be penalized for the court's mistake.

Court Disposition

Application granted

Orders

  • Applicant to file appeal within 30 days from the date of the order
  • Each party to bear own costs