20170712 TZCA Dar es Salaam2 1

20170712 TZCA Dar es Salaam2 1

Delay in filing written submissions was due to inexcusable negligence and lack of diligence, not excusable mistake; no good cause shown for extension. Leave to lodge supplementary affidavit is justified as applicant could not obtain the High Court decision at time of original application and respondents did not substantively oppose.

Citation
20170712 TZCA Dar es Salaam2 1
Parties
Applicant: Tanga Cement Company Limited; First Respondent: Yahaya Athumani Mruma; Second Respondent: Manase Jonas; Third Respondent: John Samwel Lipanje; Fourth Respondent: Saria Bakari Hassan; Fifth Respondent: Omari Ulaya t/a Dale General Enterprises
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
12 July 2017
Procedural Posture
Civil Application / Ruling on Application for Extension of Time and Leave to Lodge Supplementary Affidavit
Outcome
application partly allowed and partly dismissed
Legal Topics
Extension of Time, Supplementary Affidavit, Written Submissions, Good Cause, Negligence
Source Language
English
Civil Procedure Extension of Time Supplementary Affidavit Written Submissions Good Cause Negligence

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Parties

Tanga Cement Company Limited

Applicant

Yahaya Athumani Mruma

First Respondent

Manase Jonas

Second Respondent

John Samwel Lipanje

Third Respondent

Saria Bakari Hassan

Fourth Respondent

Omari Ulaya t/a Dale General Enterprises

Fifth Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time and Leave to Lodge Supplementary Affidavit

Legal Issues

  1. 1 Whether applicant has shown good cause for extension of time to lodge written submissions
  2. 2 Whether leave should be granted to lodge supplementary affidavit

Ratio Decidendi

Delay in filing written submissions was due to inexcusable negligence and lack of diligence, not excusable mistake; no good cause shown for extension. Leave to lodge supplementary affidavit is justified as applicant could not obtain the High Court decision at time of original application and respondents did not substantively oppose.

Court Disposition

application partly allowed and partly dismissed

Orders

  • Leave granted to lodge supplementary affidavit in Civil Application No. 11 of 2016 within fourteen days from ruling date
  • Extension of time to lodge written submissions refused