premium secondary school and another vs batofrey co ltd 2020 tzhccomd 2018 3 july 2020

premium secondary school and another vs batofrey co ltd 2020 tzhccomd 2018 3 july 2020

The appellants were not entitled to benefit from the 'technical delay' rule because their initial appeal was filed out of time. Only the period during which they were actively prosecuting the appeal in court (from 30 August 2019 to 9 October 2019) could be considered technical delay. The period from the expiry of the time to file a notice of appeal to the filing of the appeal was not covered by technical delay, and the appellants failed to account for that period. Therefore, the appeal lacked merit and was dismissed.

Citation
premium secondary school and another vs batofrey co ltd 2020 tzhccomd 2018 3 july 2020
Parties
Appellant: Premium Secondary School; Appellant: Yuvent Felicia N; Respondent: Batofrey Company Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
3 July 2020
Procedural Posture
Commercial Appeal / Judgment on Appeal From Dismissal of Application for Extension of Time
Outcome
Appeal dismissed with costs
Legal Topics
Extension of Time, Technical Delay, Notice of Appeal, Accounting for Delay
Source Language
English
Civil Procedure Commercial Law Extension of Time Technical Delay Notice of Appeal Accounting for Delay

Case Brief

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Parties

Premium Secondary School

Appellant

Yuvent Felicia N

Appellant

Batofrey Company Limited

Respondent

Procedural Posture

Commercial Appeal / Judgment on Appeal From Dismissal of Application for Extension of Time

Legal Issues

  1. 1 Whether the appellants were required to account for the period of delay prior to filing their application for extension of time to file a notice of appeal
  2. 2 Whether the 'technical delay' rule applied to excuse the appellants from accounting for the delay

Ratio Decidendi

The appellants were not entitled to benefit from the 'technical delay' rule because their initial appeal was filed out of time. Only the period during which they were actively prosecuting the appeal in court (from 30 August 2019 to 9 October 2019) could be considered technical delay. The period from the expiry of the time to file a notice of appeal to the filing of the appeal was not covered by technical delay, and the appellants failed to account for that period. Therefore, the appeal lacked merit and was dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Appellants to pay costs