tanesco others vs salim kabora 2017 tzca 387 8 march 2017
Where a claim of illegality is raised as a ground for extension of time, it constitutes sufficient reason to grant the extension, and the preliminary objection is dismissed for want of prosecution.
- Citation
- tanesco others vs salim kabora 2017 tzca 387 8 march 2017
- Parties
- Applicant: TANESCO; Applicant: William Mhando; Applicant: Amir Makuka; Respondent: Salim Kabora
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 8 March 2017
- Procedural Posture
- Civil Application / Ruling on Application for Extension of Time
- Outcome
- application granted
- Legal Topics
- Extension of Time, Preliminary Objection, Affidavit Validity, Illegality as Ground for Extension
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
TANESCO
Applicant
William Mhando
Applicant
Amir Makuka
Applicant
Salim Kabora
Respondent
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the preliminary objection raised by the respondent should be entertained in absence of prosecution
- 2 Whether the applicants have shown sufficient reason for extension of time to file written submissions in opposition to the appeal
Ratio Decidendi
Where a claim of illegality is raised as a ground for extension of time, it constitutes sufficient reason to grant the extension, and the preliminary objection is dismissed for want of prosecution.
Court Disposition
application granted
Orders
- Preliminary objection dismissed for want of prosecution.
- Extension of time granted to applicants to file written submissions in opposition to Civil Appeal No. 55 of 2013 within 21 days.
Full Case Text
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