realand company limited vs sign industries limited another 2022 tzca 271 20 april 2022

realand company limited vs sign industries limited another 2022 tzca 271 20 april 2022

Extension of time should be granted where delay is caused by advocate's negligence and where there are allegations of illegality in the impugned judgment, as these constitute good cause under Rule 10.

Citation
realand company limited vs sign industries limited another 2022 tzca 271 20 april 2022
Parties
Applicant: Realand Company Limited; 1st Respondent: Sign Industries Limited; 2nd Respondent: African Marine Surveyors & Consultant Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
20 April 2022
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to File Notice of Appeal
Outcome
application granted
Legal Topics
Extension of Time, Appeals, Advocate Negligence, Illegality in Judgment
Source Language
English
Civil Procedure Land Law Extension of Time Appeals Advocate Negligence Illegality in Judgment

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Parties

Realand Company Limited

Applicant

Sign Industries Limited

1st Respondent

African Marine Surveyors & Consultant Limited

2nd Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time to File Notice of Appeal

Legal Issues

  1. 1 Whether the applicant has shown good cause for extension of time to file notice of appeal
  2. 2 Whether advocate's negligence constitutes good cause
  3. 3 Whether alleged illegality in the High Court judgment warrants extension

Ratio Decidendi

Extension of time should be granted where delay is caused by advocate's negligence and where there are allegations of illegality in the impugned judgment, as these constitute good cause under Rule 10.

Court Disposition

application granted

Orders

  • Applicant to lodge intended notice of appeal within thirty (30) days from the date of ruling.
  • Costs to follow the event.