omari r ibrahim vs ndege commercial services ltd 2021 tzca 64 5 march 2021

omari r ibrahim vs ndege commercial services ltd 2021 tzca 64 5 march 2021

The applicant failed to show good cause for the delay as the alleged illegality was not apparent on the face of the record and did not raise an arguable point of law, and the applicant failed to account for a period of over 10 months of delay, which was due to his own negligence and ignorance of the law. Ignorance of law and counsel's mistake do not constitute good cause for extension of time.

Citation
omari r ibrahim vs ndege commercial services ltd 2021 tzca 64 5 march 2021
Parties
Applicant: Omari R. Ibrahim; Respondent: Ndege Commercial Services Ltd
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
5 March 2021
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to File Revision Out of Time
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Revision, Default Judgment, Right to Be Heard
Source Language
English
Civil Procedure Extension of Time Revision Default Judgment Right to Be Heard

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Parties

Omari R. Ibrahim

Applicant

Ndege Commercial Services Ltd

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time to File Revision Out of Time

Legal Issues

  1. 1 Whether the applicant has shown good cause for extension of time to file revision out of time
  2. 2 Whether alleged illegality in the High Court judgment constitutes good cause for extension of time

Ratio Decidendi

The applicant failed to show good cause for the delay as the alleged illegality was not apparent on the face of the record and did not raise an arguable point of law, and the applicant failed to account for a period of over 10 months of delay, which was due to his own negligence and ignorance of the law. Ignorance of law and counsel's mistake do not constitute good cause for extension of time.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time to file revision out of time is dismissed with costs