njake enterprises limited vs blue rock limited another 2024 tzca 114 23 february 2024

njake enterprises limited vs blue rock limited another 2024 tzca 114 23 february 2024

Applicant failed to account for each day of delay in the affidavit and alleged illegality was not apparent on the face of the record nor properly pleaded; thus, no good cause shown for extension of time.

Citation
njake enterprises limited vs blue rock limited another 2024 tzca 114 23 february 2024
Parties
Applicant: Njake Enterprises Limited; 1st Respondent: Blue Rock Limited; 2nd Respondent: Gem and Rock and Ventures Company Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
23 February 2024
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Outcome
Application dismissed without costs
Legal Topics
Extension of Time, Notice of Appeal, Illegality as Ground for Extension, Accounting for Delay
Source Language
English
Civil Procedure Land Law Extension of Time Notice of Appeal Illegality as Ground for Extension Accounting for Delay

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Parties

Njake Enterprises Limited

Applicant

Blue Rock Limited

1st Respondent

Gem and Rock and Ventures Company Limited

2nd Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has shown good cause for extension of time to file notice of appeal
  2. 2 Whether the delay of 5 days was inordinate and properly accounted for
  3. 3 Whether alleged illegality in the High Court judgment constitutes good cause for extension

Ratio Decidendi

Applicant failed to account for each day of delay in the affidavit and alleged illegality was not apparent on the face of the record nor properly pleaded; thus, no good cause shown for extension of time.

Court Disposition

Application dismissed without costs

Orders

  • Application for extension of time to file notice of appeal is dismissed
  • No order as to costs