sumry high class ltd another vs musa shaibu msangi 2018 tzca 281 22 october 2018
The applicants demonstrated good cause for the delay in including missing pages in the record of appeal, having acted promptly after discovering the omission and after withdrawal of a previous application. The jurisprudence supports granting such amendments where good cause is shown.
- Citation
- sumry high class ltd another vs musa shaibu msangi 2018 tzca 281 22 october 2018
- Parties
- Applicant: Sumry High Class Ltd; Applicant: Sumry Bus Service Ltd; Respondent: Musa Shaibu Msangi
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 22 October 2018
- Procedural Posture
- Civil Application / Ruling on Application for Extension of Time
- Outcome
- Application allowed
- Legal Topics
- Extension of Time, Record of Appeal, Appellate Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Sumry High Class Ltd
Applicant
Sumry Bus Service Ltd
Applicant
Musa Shaibu Msangi
Respondent
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the applicants have shown good cause for extension of time to include missing pages in the record of appeal
Ratio Decidendi
The applicants demonstrated good cause for the delay in including missing pages in the record of appeal, having acted promptly after discovering the omission and after withdrawal of a previous application. The jurisprudence supports granting such amendments where good cause is shown.
Court Disposition
Application allowed
Orders
- Applicants granted leave to include in the record of appeal the missing pages of the transcribed record of proceedings of the trial court within fourteen days from the date of the ruling.
- Costs of the application to abide by the outcome of the appeal.
Full Case Text
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