20081003 TZCA Dar es Salaam

20081003 TZCA Dar es Salaam

The applicant failed to show sufficient cause for the delay, as the delay was due to negligence of counsel and not technicalities. The application for extension of time was therefore dismissed.

Citation
20081003 TZCA Dar es Salaam
Parties
Applicant: Nyanza Co-operative Union (1984); Respondent: M/S BP (T) Ltd; Respondent: Jibrea Auction Mart and Court Brokers; Respondent: Antonia Zakaria
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
3 October 2008
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Ex Parte Judgment, Execution of Decree, Sale of Property in Execution, Negligence of Counsel
Source Language
English
Civil Procedure Commercial Law Extension of Time Ex Parte Judgment Execution of Decree Sale of Property in Execution Negligence of Counsel

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Parties

Nyanza Co-operative Union (1984)

Applicant

M/S BP (T) Ltd

Respondent

Jibrea Auction Mart and Court Brokers

Respondent

Antonia Zakaria

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether sufficient cause was shown for extension of time to file notice of appeal and application for leave to appeal out of time
  2. 2 Whether the applicant's delay was due to technicalities or negligence

Ratio Decidendi

The applicant failed to show sufficient cause for the delay, as the delay was due to negligence of counsel and not technicalities. The application for extension of time was therefore dismissed.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time is dismissed with costs