regional manager tanroads arusha vs leon francis shine 2021 tzhc 2775 6 january 2021
The applicant failed to account for each day of the 43-day delay after the previous application was struck out, and the issue of illegality was not properly raised in the affidavit. Therefore, sufficient cause for extension of time was not established.
- Citation
- regional manager tanroads arusha vs leon francis shine 2021 tzhc 2775 6 january 2021
- Parties
- Applicant: Regional Manager TANROADS Arusha; Respondent: Leon Francis Shine
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 6 January 2021
- Procedural Posture
- Misc. Labour Application / Ruling on Application for Extension of Time
- Outcome
- Application dismissed
- Legal Topics
- Extension of Time, Limitation Period, Labour Disputes, Accounting for Delay
- Source Language
- English
Case Brief
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Parties
Regional Manager TANROADS Arusha
Applicant
Leon Francis Shine
Respondent
Procedural Posture
Misc. Labour Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the applicant has shown sufficient cause for extension of time to file revision out of time
- 2 Whether the applicant has accounted for each day of delay after striking out of previous application
- 3 Whether the issue of illegality was properly raised
Ratio Decidendi
The applicant failed to account for each day of the 43-day delay after the previous application was struck out, and the issue of illegality was not properly raised in the affidavit. Therefore, sufficient cause for extension of time was not established.
Court Disposition
Application dismissed
Orders
- Each party to bear its own costs
Full Case Text
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