20140523 TZCA Dar es Salaam2

20140523 TZCA Dar es Salaam2

The applicant was denied the right to be heard, which is a fundamental principle of natural justice. This denial vitiated the proceedings before the High Court and constitutes good cause for extension of time under Rule 10 of the Court of Appeal Rules, 2009.

Citation
20140523 TZCA Dar es Salaam2
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, Leave to Appeal
Source Language
English
Civil Procedure Appellate Practice Extension of Time Right to Be Heard Natural Justice Summary Dismissal Leave to Appeal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

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

Ratio Decidendi

The applicant was denied the right to be heard, which is a fundamental principle of natural justice. This denial vitiated the proceedings before the High Court 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 decision of the High Court at Mwanza is granted.
  • The said application to be filed within fourteen (14) days from the date of delivery of this Ruling.