20140523 TZCA Dar es Salaam

Denial of the right to be heard is a fundamental breach of natural justice and constitutes good cause for extension of time under Rule 10 of the Court of Appeal Rules, 2009.

Citation: 20140523 TZCA Dar es Salaam
Parties: Applicant: Seif Store Limited; Respondent: Zulfikar H. Karim
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 23 May 2014
Procedural Posture: Civil Application / Ruling on Application for Extension of Time to File Notice of Appeal and Application for Leave to Appeal
Outcome: Application granted
Legal Topics: Extension of Time, Right to Be Heard, Natural Justice, Summary Dismissal, Illegality as Ground for Extension
Source Language: English

Civil Procedure Land Law Extension of Time Right to Be Heard Natural Justice Summary Dismissal Illegality as Ground for Extension

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Parties

Seif Store Limited

Applicant

Zulfikar H. Karim

Respondent

Procedural Posture

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

Legal Issues

1 Whether the applicant has shown good cause for extension of time to file notice of appeal and application for leave to appeal
2 Whether denial of the right to be heard constitutes sufficient ground for extension of time

Ratio Decidendi

Denial of the right to be heard is a fundamental breach of natural justice and constitutes good cause for extension of time under Rule 10 of the Court of Appeal Rules, 2009.

Court Disposition

Application granted

Orders

Extension of time to file notice of appeal and application for leave to appeal against the High Court decision is granted.
The application must be filed within fourteen (14) days from the date of delivery of this ruling.