Speed security

Speed security

The applicant failed to demonstrate good cause for the delay as there was no sufficient evidence of instructions to previous counsel, technical delay accounted for only a small fraction of the delay, and the alleged illegality was not apparent on the face of the record. Negligence of counsel does not constitute good cause for extension of time.

Citation
Speed security
Parties
Applicant: Ms. Speed Security Limited; 1st Respondent: Hussein Abdallah Kaniki; 2nd Respondent: Emmanuel Kures Lovoyo
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
30 June 2015
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to File Notice of Appeal
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Appeals, Good Cause, Technical Delay, Illegality as Ground for Extension
Source Language
English
Civil Procedure Extension of Time Appeals Good Cause Technical Delay Illegality as Ground for Extension

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Parties

Ms. Speed Security Limited

Applicant

Hussein Abdallah Kaniki

1st Respondent

Emmanuel Kures Lovoyo

2nd Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has shown good cause for extension of time to file a notice of appeal
  2. 2 Whether technical delay or advocate's negligence constitutes good cause
  3. 3 Whether alleged illegality in the impugned judgment justifies extension of time

Ratio Decidendi

The applicant failed to demonstrate good cause for the delay as there was no sufficient evidence of instructions to previous counsel, technical delay accounted for only a small fraction of the delay, and the alleged illegality was not apparent on the face of the record. Negligence of counsel does not constitute good cause for extension of time.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time to file notice of appeal is dismissed with costs