NETIS JUDGMENT

NETIS JUDGMENT

Applicant failed to account for each day of delay and did not demonstrate sufficient diligence; advocate negligence and lack of communication are not sufficient cause for extension of time. The application for extension of time is dismissed with costs.

Citation
NETIS JUDGMENT
Parties
Applicant: Netis Tanzania Limited; 1st Respondent: MRC Motors (T) Ltd; 2nd Respondent: Mahesh Choudhary Bawtaram t/a MRC Auto Parts
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
22 April 2024
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time and Setting Aside Ex Parte Order
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Setting Aside Ex Parte Orders, Limitation of Actions, Advocate Negligence
Source Language
English
Civil Procedure Extension of Time Setting Aside Ex Parte Orders Limitation of Actions Advocate Negligence

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Parties

Netis Tanzania Limited

Applicant

MRC Motors (T) Ltd

1st Respondent

Mahesh Choudhary Bawtaram t/a MRC Auto Parts

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time and Setting Aside Ex Parte Order

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to set aside an ex parte order
  2. 2 Whether the applicant has accounted for each day of delay
  3. 3 Whether advocate negligence constitutes sufficient cause for extension of time

Ratio Decidendi

Applicant failed to account for each day of delay and did not demonstrate sufficient diligence; advocate negligence and lack of communication are not sufficient cause for extension of time. The application for extension of time is dismissed with costs.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time dismissed
  • Application for setting aside ex parte order dismissed