nyanza road works ltd vs yassin mrisho 2020 tzhc 4668 17 november 2020

nyanza road works ltd vs yassin mrisho 2020 tzhc 4668 17 november 2020

Applicant failed to demonstrate sufficient cause for the delay and did not account for each day of delay; claim of illegality was not rooted in affidavit evidence; application dismissed for lack of merit.

Citation
nyanza road works ltd vs yassin mrisho 2020 tzhc 4668 17 november 2020
Parties
Applicant: Nyanza Road Works Ltd; Respondents: Yassin Mrisho & 4 Others
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 November 2020
Procedural Posture
Miscellaneous Labour Application / Ruling on Application for Extension of Time
Outcome
Application dismissed
Legal Topics
Extension of Time, Dismissal for Non Appearance, Judicial Discretion, Affidavit Evidence
Source Language
English
Labour Law Civil Procedure Extension of Time Dismissal for Non Appearance Judicial Discretion Affidavit Evidence

Case Brief

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Parties

Nyanza Road Works Ltd

Applicant

Yassin Mrisho & 4 Others

Respondents

Procedural Posture

Miscellaneous Labour Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether sufficient cause was demonstrated for extension of time to set aside dismissal order
  2. 2 Whether advocate's negligence constitutes sufficient reason for delay
  3. 3 Whether the dismissal order was issued under an inapplicable rule and thus illegal

Ratio Decidendi

Applicant failed to demonstrate sufficient cause for the delay and did not account for each day of delay; claim of illegality was not rooted in affidavit evidence; application dismissed for lack of merit.

Court Disposition

Application dismissed

Orders

  • Application for extension of time is dismissed
  • No extension of time granted