ms farhia abdallah nur vs advatech office supplies limited and another 2021 tzhccomd 2033 10 march 2021

ms farhia abdallah nur vs advatech office supplies limited and another 2021 tzhccomd 2033 10 march 2021

Applicant demonstrated sufficient cause for delay, which was technical and not actual, as she was continuously pursuing remedies in court; each day of delay was accounted for; alleged illegality and procedural irregularity justified granting extension of time to allow applicant opportunity to be heard.

Citation
ms farhia abdallah nur vs advatech office supplies limited and another 2021 tzhccomd 2033 10 march 2021
Parties
Applicant: Ms Farhia Abdullah Nur; 1st Respondent: Advatech Office Supplies Limited; 2nd Respondent: Bolsto Soulution Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
10 March 2021
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application for Extension of Time
Outcome
Application for extension of time granted with costs.
Legal Topics
Extension of Time, Appeal Procedure, Technical Delay, Illegality as Ground for Extension
Source Language
English
Civil Procedure Appellate Practice Extension of Time Appeal Procedure Technical Delay Illegality as Ground for Extension

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Parties

Ms Farhia Abdullah Nur

Applicant

Advatech Office Supplies Limited

1st Respondent

Bolsto Soulution Limited

2nd Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether sufficient cause exists to grant extension of time to file notice of intention to appeal
  2. 2 Whether technical delay constitutes sufficient reason for extension
  3. 3 Whether alleged illegality justifies extension

Ratio Decidendi

Applicant demonstrated sufficient cause for delay, which was technical and not actual, as she was continuously pursuing remedies in court; each day of delay was accounted for; alleged illegality and procedural irregularity justified granting extension of time to allow applicant opportunity to be heard.

Court Disposition

Application for extension of time granted with costs.

Orders

  • Extension of time to give notice of intention to appeal granted.
  • Extension of time to file application for leave to appeal granted.