tanzania electric supply co ltd vs isaac minja 2016 tzca 842 19 september 2016

tanzania electric supply co ltd vs isaac minja 2016 tzca 842 19 september 2016

The applicant demonstrated good cause for the delay due to late supply of judgment and decree by the court, and the complaint of illegality in the impugned decision constitutes sufficient cause for extension of time under Rule 10, regardless of any unaccounted delay.

Citation
tanzania electric supply co ltd vs isaac minja 2016 tzca 842 19 september 2016
Parties
Applicant: Tanzania Electric Supply Co. Ltd; Respondent: Isaac Minja
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
19 September 2016
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Stay of Execution, Illegality as Ground for Extension, Delay in Obtaining Judgment and Decree
Source Language
English
Civil Procedure Extension of Time Stay of Execution Illegality as Ground for Extension Delay in Obtaining Judgment and Decree

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Parties

Tanzania Electric Supply Co. Ltd

Applicant

Isaac Minja

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether a notice of appeal is a prerequisite for an application for extension of time to apply for stay of execution under Rule 10 of the Court of Appeal Rules
  2. 2 Whether the applicant demonstrated good cause for the delay in filing the application for stay of execution
  3. 3 Whether the alleged illegality of the impugned decision constitutes sufficient cause for extension of time

Ratio Decidendi

The applicant demonstrated good cause for the delay due to late supply of judgment and decree by the court, and the complaint of illegality in the impugned decision constitutes sufficient cause for extension of time under Rule 10, regardless of any unaccounted delay.

Court Disposition

Application granted

Orders

  • Applicant granted extension of time to file application for stay of execution within thirty (30) days from the date of the order
  • No order as to costs