shargia feizi vs bati services company ltd and another 2022 tzhcld 47 24 february 2022
The applicant failed to provide sufficient reason for the delay, did not account for all days of delay, and the alleged illegality was not apparent on the face of the record. The delay was inordinate and due to negligence. Therefore, the application for extension of time is dismissed.
- Citation
- shargia feizi vs bati services company ltd and another 2022 tzhcld 47 24 february 2022
- Parties
- Applicant: Shargia Feizi; 1st Respondent: Bati Services Company Ltd; 2nd Respondent: Heritage Insurance Co. Ltd
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 24 February 2022
- Procedural Posture
- Miscellaneous Application for Extension of Time / Ruling on Application for Extension of Time to File Notice of Appeal
- Outcome
- Application dismissed
- Legal Topics
- Extension of Time, Notice of Appeal, Sufficient Cause for Delay, Illegality as Ground for Extension
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Shargia Feizi
Applicant
Bati Services Company Ltd
1st Respondent
Heritage Insurance Co. Ltd
2nd Respondent
Procedural Posture
Miscellaneous Application for Extension of Time / Ruling on Application for Extension of Time to File Notice of Appeal
Legal Issues
- 1 Whether the applicant has shown sufficient cause for delay in filing notice of appeal
- 2 Whether alleged illegality constitutes a ground for extension of time
Ratio Decidendi
The applicant failed to provide sufficient reason for the delay, did not account for all days of delay, and the alleged illegality was not apparent on the face of the record. The delay was inordinate and due to negligence. Therefore, the application for extension of time is dismissed.
Court Disposition
Application dismissed
Full Case Text
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