pm group ltd vs zongo a zongo 2022 tzhcld 226 11 may 2022
Applicant failed to show reasonable ground or sufficient cause for delay; allegations of illness and attending another case were unsupported by evidence; right to be heard cannot be claimed by a party who willfully fails to appear; overriding principle does not excuse non-compliance with mandatory procedural rules.
- Citation
- pm group ltd vs zongo a zongo 2022 tzhcld 226 11 may 2022
- Parties
- Applicant: PM Group Ltd; Respondent: Zongo A. Zongo
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 11 May 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Extension of Time
- Outcome
- application dismissed
- Legal Topics
- Extension of Time, Restoration of Revision Application, Right to Be Heard, Judicial Discretion
- Source Language
- English
Case Brief
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Parties
PM Group Ltd
Applicant
Zongo A. Zongo
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether applicant has shown sufficient cause for extension of time to restore revision application No. 10 of 2021
- 2 Whether applicant was denied right to be heard
- 3 Whether delay was justified
Ratio Decidendi
Applicant failed to show reasonable ground or sufficient cause for delay; allegations of illness and attending another case were unsupported by evidence; right to be heard cannot be claimed by a party who willfully fails to appear; overriding principle does not excuse non-compliance with mandatory procedural rules.
Court Disposition
application dismissed
Orders
- application for extension of time is dismissed for want of merit
Full Case Text
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