susan samson nakembetwa vs imperium insurance brokers co ltd and 1 other 2021 tzhccomd 3292 23 july 2021

The applicant's delay was not inordinate and was caused by her advocate's inadvertent omission, not her own negligence. The applicant acted promptly and diligently in pursuing her rights, and the technical delays from struck out applications should not be counted against her. Sufficient cause was shown for extension of time.

Citation: susan samson nakembetwa vs imperium insurance brokers co ltd and 1 other 2021 tzhccomd 3292 23 july 2021
Parties: Applicant: Susan Samson Nakembetwa; 1st Respondent: Imperium Insurance Brokers Co. Ltd.; 2nd Respondent: Resolution Insurance Co. Ltd.
Court: TZHCCOMD
Jurisdiction: Tanzania
Judgment Date: 23 July 2021
Procedural Posture: Miscellaneous Commercial Application / Ruling on Application for Extension of Time to File Notice of Appeal
Outcome: Application granted
Legal Topics: Extension of Time, Appeals, Limitation of Actions
Source Language: English

Civil Procedure Extension of Time Appeals Limitation of Actions

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Parties

Susan Samson Nakembetwa

Applicant

Imperium Insurance Brokers Co. Ltd.

1st Respondent

Resolution Insurance Co. Ltd.

2nd Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Application for Extension of Time to File Notice of Appeal

Legal Issues

1 Whether the applicant has shown sufficient cause for extension of time to file a notice of appeal out of time

Ratio Decidendi

Court Disposition

Application granted

Orders

Applicant is allowed to file a notice of appeal out of time in respect of Commercial Case No. 16 of 2018, District Court of Nzega.
Applicant must file the notice within fourteen (14) days from the date of the ruling.