NETIS

NETIS

The applicant failed to account for each day of delay between becoming aware of the ex parte order and filing the application. The applicant's argument that lack of a specified time frame by the court justified the delay is untenable. The applicant was not diligent in pursuing the matter, and advocate negligence does not constitute sufficient cause. The application for extension of time is dismissed with costs.

Citation
NETIS
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, Diligence of Parties, Advocate Negligence
Source Language
English
Civil Procedure Extension of Time Setting Aside Ex Parte Orders Limitation of Actions Diligence of Parties 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 accounted for each day of delay
  3. 3 Whether advocate's negligence constitutes sufficient cause for extension of time

Ratio Decidendi

The applicant failed to account for each day of delay between becoming aware of the ex parte order and filing the application. The applicant's argument that lack of a specified time frame by the court justified the delay is untenable. The applicant was not diligent in pursuing the matter, and advocate negligence does not constitute sufficient cause. The application for extension of time is dismissed with costs.

Court Disposition

Application dismissed with costs

Orders

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