ms ardhi university vs ms kiundo enterprises t ltd 2023 tzhccomd 332 11 september 2023

The applicant demonstrated diligence in pursuing the appeal, the delay was technical and not due to negligence, and the interests of justice warrant extension of time. The application is meritorious and allowed.

Citation: ms ardhi university vs ms kiundo enterprises t ltd 2023 tzhccomd 332 11 september 2023
Parties: Applicant: M/S Ardhi University; Respondent: M/S Kiundo Enterprises (T) Limited
Court: TZHCCOMD
Jurisdiction: Tanzania
Judgment Date: 11 September 2023
Procedural Posture: Miscellaneous Commercial Application / Ruling on Application for Extension of Time to File Notice of Appeal
Outcome: Application allowed
Legal Topics: Extension of Time, Right of Appeal, Registration of Arbitral Award, Technical Delay, Illegality as Ground for Extension
Source Language: English

Civil Procedure Arbitration Appellate Practice Extension of Time Right of Appeal Registration of Arbitral Award Technical Delay Illegality as Ground for Extension

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Full judgment text Downloadable case file Legal principles 5 Authorities cited 12 Party arguments 2 Amounts and remedies 1

Parties

M/S Ardhi University

Applicant

M/S Kiundo Enterprises (T) Limited

Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Application for Extension of Time to File Notice of Appeal

Legal Issues

1 Whether the applicant has demonstrated sufficient grounds for extension of time to file a notice of appeal against the ruling in Misc. Commercial Application No. 272 of 2015

Ratio Decidendi

Court Disposition

Application allowed

Orders

Applicant granted thirty (30) days from the date of the ruling to file notice of appeal against the ruling and order in Misc. Commercial Application No. 272 of 2017
Each party to bear its own costs