raphael logistics t ltd vs access engineering co ltd 2018 tzhccomd 28 15 february 2018
The reference was filed out of time, contrary to Order 7(2) of the Advocates Remuneration Order, and the applicant did not seek extension of time as required by Order 8(2); therefore, the reference must be dismissed.
- Citation
- raphael logistics t ltd vs access engineering co ltd 2018 tzhccomd 28 15 february 2018
- Parties
- Applicant: Raphael Logistics (T) Ltd; Respondent: Access Engineering Co. Ltd
- Court
- TZHCCOMD
- Jurisdiction
- Tanzania
- Judgment Date
- 15 February 2018
- Procedural Posture
- Miscellaneous Commercial Reference / Ruling on Preliminary Objection
- Outcome
- Reference dismissed with costs
- Legal Topics
- Reference Against Taxation, Time Limitation for Filing Reference, Extension of Time
- Source Language
- English
Case Brief
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Parties
Raphael Logistics (T) Ltd
Applicant
Access Engineering Co. Ltd
Respondent
Procedural Posture
Miscellaneous Commercial Reference / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the reference was filed within the prescribed 21 days under Order 7(2) of the Advocates Remuneration Order, GN 264 of 2015
- 2 Whether the applicant was required to seek extension of time before filing the reference out of time
Ratio Decidendi
The reference was filed out of time, contrary to Order 7(2) of the Advocates Remuneration Order, and the applicant did not seek extension of time as required by Order 8(2); therefore, the reference must be dismissed.
Court Disposition
Reference dismissed with costs
Orders
- Reference dismissed with costs
Full Case Text
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