quality group ltd vs nmb bank ltd 2023 tzhccomd 76 16 march 2023
The alleged illegality is not apparent on the record; inconsistencies and contradictions in evidence should have been raised and resolved at trial through cross-examination. The application fails to demonstrate sufficient cause for extension of time.
- Citation
- quality group ltd vs nmb bank ltd 2023 tzhccomd 76 16 march 2023
- Parties
- Applicant: Quality Group Limited; Respondent: NMB Bank Limited
- Court
- TZHCCOMD
- Jurisdiction
- Tanzania
- Judgment Date
- 16 March 2023
- Procedural Posture
- Miscellaneous Commercial Application / Ruling on Application for Extension of Time
- Outcome
- Application dismissed with costs.
- Legal Topics
- Extension of Time, Illegality as Ground for Extension, Service of Statutory Notice, Appeals
- Source Language
- English
Case Brief
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Parties
Quality Group Limited
Applicant
NMB Bank Limited
Respondent
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether sufficient cause exists to grant extension of time to file notice of appeal
- 2 Whether alleged illegality is apparent on the record to warrant extension of time
Ratio Decidendi
The alleged illegality is not apparent on the record; inconsistencies and contradictions in evidence should have been raised and resolved at trial through cross-examination. The application fails to demonstrate sufficient cause for extension of time.
Court Disposition
Application dismissed with costs.
Orders
- Application for extension of time is dismissed.
- Applicant to pay costs.
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