sunny auto works vs seleman nchambi 2022 tzhc 15284 16 december 2022

sunny auto works vs seleman nchambi 2022 tzhc 15284 16 december 2022

The applicant demonstrated sufficient cause for delay as the appeal process initiated by the respondent prevented timely filing of the Bill of Costs. The delay was not due to applicant's lack of diligence but was occasioned by pending appellate proceedings.

Citation
sunny auto works vs seleman nchambi 2022 tzhc 15284 16 december 2022
Parties
Applicant: Sunny Auto Works; Respondent: Suleman Nchambi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 December 2022
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Bill of Costs, Sufficient Cause, Appeal Process
Source Language
English
Civil Procedure Extension of Time Bill of Costs Sufficient Cause Appeal Process

Case Brief

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Parties

Sunny Auto Works

Applicant

Suleman Nchambi

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file an application for Bill of Costs

Ratio Decidendi

The applicant demonstrated sufficient cause for delay as the appeal process initiated by the respondent prevented timely filing of the Bill of Costs. The delay was not due to applicant's lack of diligence but was occasioned by pending appellate proceedings.

Court Disposition

Application granted

Orders

  • Applicant to file the Application for Bill of Costs within 30 days from the date of the ruling
  • Each party to bear their own costs