20170630 TZCA Dar es Salaam

20170630 TZCA Dar es Salaam

The applicant sufficiently explained the delay due to theft and misplacement of documents, and granting the extension would enable just determination of the pending appeal. The circumstances tilted the balance of probabilities in favour of granting the application.

Citation
20170630 TZCA Dar es Salaam
Parties
Applicant: Polytex Arica Limited; Respondent: Kilimanjaro Blanket Co. Ltd; Respondent: Flamingo Auction Mart Co. Ltd; Respondent: Diamond Trust Bank (T) Ltd
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
30 June 2017
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Reply Submissions, Court Discretion
Source Language
English
Civil Procedure Extension of Time Reply Submissions Court Discretion

Case Brief

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Parties

Polytex Arica Limited

Applicant

Kilimanjaro Blanket Co. Ltd

Respondent

Flamingo Auction Mart Co. Ltd

Respondent

Diamond Trust Bank (T) Ltd

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 reply submissions

Ratio Decidendi

The applicant sufficiently explained the delay due to theft and misplacement of documents, and granting the extension would enable just determination of the pending appeal. The circumstances tilted the balance of probabilities in favour of granting the application.

Court Disposition

Application granted

Orders

  • Applicant to file reply submissions to first respondent's written submissions in Civil Appeal No. 108 of 2016 within thirty days of pronouncement of this ruling
  • Costs of the application shall abide the outcome of Civil Appeal No. 108 of 2016