20061213 TZCA Dar es Salaam

20061213 TZCA Dar es Salaam

Unexpected bereavement and resulting absence of counsel constituted sufficient reason for the delay in filing the reference; absence of the Managing Director was not sufficient, but the cumulative circumstances justified extension.

Citation
20061213 TZCA Dar es Salaam
Parties
Applicant: Mwananchi Engineering Contracting Corporation; 1st Respondent: Manna Investments (Pty) Limited; 2nd Respondent: Holtan Investments Company Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
13 December 2006
Procedural Posture
Civil Application / Application for Extension of Time to File Reference to Full Bench
Outcome
application granted
Legal Topics
Extension of Time, Reference to Full Court, Sufficient Reason for Delay
Source Language
English
Civil Procedure Extension of Time Reference to Full Court Sufficient Reason for Delay

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Parties

Mwananchi Engineering Contracting Corporation

Applicant

Manna Investments (Pty) Limited

1st Respondent

Holtan Investments Company Limited

2nd Respondent

Procedural Posture

Civil Application / Application for Extension of Time to File Reference to Full Bench

Legal Issues

  1. 1 Whether sufficient reason was shown for the delay in applying for reference to the full Court under rule 57(1) of the Court Rules

Ratio Decidendi

Unexpected bereavement and resulting absence of counsel constituted sufficient reason for the delay in filing the reference; absence of the Managing Director was not sufficient, but the cumulative circumstances justified extension.

Court Disposition

application granted

Orders

  • Time extended for applicant to file reference within seven days from the date of the ruling.