sabena technics dar es salaam ltd vs alfred kirchsten 2024 tzca 9 31 january 2024

The existence of an arguable issue of illegality regarding denial of the right to be heard due to alleged improper service of summons constitutes good cause for extension of time, regardless of deficiencies in accounting for delay.

Citation: sabena technics dar es salaam ltd vs alfred kirchsten 2024 tzca 9 31 january 2024
Parties: Applicant: Sabena Technics Dar es Salaam Ltd; Respondent: Alfred Kirchsten
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 31 January 2024
Procedural Posture: Civil Application / Application for Extension of Time to File Memorandum and Record of Appeal
Outcome: Application granted
Legal Topics: Extension of Time, Right to Be Heard, Ex Parte Proceedings, Service of Summons, Illegality as Ground for Extension
Source Language: English

Labour Law Civil Procedure Extension of Time Right to Be Heard Ex Parte Proceedings Service of Summons Illegality as Ground for Extension

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Parties

Sabena Technics Dar es Salaam Ltd

Applicant

Alfred Kirchsten

Respondent

Procedural Posture

Civil Application / Application for Extension of Time to File Memorandum and Record of Appeal

Legal Issues

1 Whether the applicant has shown good cause for extension of time to file memorandum and record of appeal
2 Whether alleged illegality in the proceedings constitutes sufficient ground for extension

Ratio Decidendi

Court Disposition

Application granted

Orders

Applicant granted extension of sixty (60) days from the date of the ruling to lodge memorandum and record of appeal
No order as to costs