richard mlagala others vs aikael minja others 2015 tzca 260 10 december 2015

richard mlagala others vs aikael minja others 2015 tzca 260 10 december 2015

The court found that while illness and counsel's commitments are good cause for delay, they do not amount to exceptional circumstances justifying waiver of written submissions. However, in the interest of justice and to give both parties an opportunity to be heard, the court granted leave for the applicants to file a formal application for extension of time to file written submissions.

Citation
richard mlagala others vs aikael minja others 2015 tzca 260 10 december 2015
Parties
Applicant: Richard M Lagala; Applicant: Sifa P. Nanyaro; Applicant: Aidan Kunyanja; Applicant: Juliana Palangyo; Applicant: John Sande; Applicant: Emil Lagate; Applicant: Rogasian Laswai; Applicant: Ernest Maembe; Applicant: Lupakisyo Mwang'onda; Applicant: Samwel Ndirange; Respondent: Aikael Minja; Respondent: Hamis Msuya; Respondent: A. Rumaya; Respondent: A. Magoti
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
10 December 2015
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Outcome
Application allowed in part
Legal Topics
Extension of Time, Filing of Written Submissions, Court Discretion, Compliance With Procedural Rules
Source Language
English
Civil Procedure Extension of Time Filing of Written Submissions Court Discretion Compliance With Procedural Rules

Case Brief

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Parties

Richard M Lagala

Applicant

Sifa P. Nanyaro

Applicant

Aidan Kunyanja

Applicant

Juliana Palangyo

Applicant

John Sande

Applicant

Emil Lagate

Applicant

Rogasian Laswai

Applicant

Ernest Maembe

Applicant

Lupakisyo Mwang'onda

Applicant

Samwel Ndirange

Applicant

Aikael Minja

Respondent

Hamis Msuya

Respondent

A. Rumaya

Respondent

A. Magoti

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether sufficient cause exists to grant extension of time for filing written submissions
  2. 2 Whether illness and counsel's commitments constitute good cause for delay
  3. 3 Whether the court should waive compliance with Rule 106(1)

Ratio Decidendi

The court found that while illness and counsel's commitments are good cause for delay, they do not amount to exceptional circumstances justifying waiver of written submissions. However, in the interest of justice and to give both parties an opportunity to be heard, the court granted leave for the applicants to file a formal application for extension of time to file written submissions.

Court Disposition

Application allowed in part

Orders

  • Applicants to file a formal application for extension of time to file written submissions
  • No order as to costs