samuel joel makundi vs drwilberforce emmanuel meena another 2018 tzhccomd 55 18 april 2018

samuel joel makundi vs drwilberforce emmanuel meena another 2018 tzhccomd 55 18 april 2018

Delay in obtaining necessary documents (judgment, decree, proceedings) constitutes sufficient reason for extension of time; no proof applicant was served with documents within statutory period; court exercises discretion to grant extension.

Citation
samuel joel makundi vs drwilberforce emmanuel meena another 2018 tzhccomd 55 18 april 2018
Parties
Applicant: Samuel Joel Makundi; 1st Respondent: Dr. Wilberforce Emanuel Meena; 2nd Respondent: Babuel Emmanuel Meena
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
18 April 2018
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Bill of Costs, Law of Limitation
Source Language
English
Civil Procedure Extension of Time Bill of Costs Law of Limitation

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Parties

Samuel Joel Makundi

Applicant

Dr. Wilberforce Emanuel Meena

1st Respondent

Babuel Emmanuel Meena

2nd Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether sufficient cause exists to grant extension of time to file bill of costs
  2. 2 Whether delay in obtaining judgment and decree constitutes sufficient reason

Ratio Decidendi

Delay in obtaining necessary documents (judgment, decree, proceedings) constitutes sufficient reason for extension of time; no proof applicant was served with documents within statutory period; court exercises discretion to grant extension.

Court Disposition

Application granted

Orders

  • Applicant granted extension of time to file bill of costs within 30 days from date of ruling
  • Each party to bear own costs