tanzania rent a car vs peter kimuhu 2019 tzca 173 30 april 2019

tanzania rent a car vs peter kimuhu 2019 tzca 173 30 april 2019

Applicant failed to show good cause for the delay, as inadvertence and failure to check the law by counsel do not constitute good cause. Applicant also failed to account for every day of delay. Although applicant implicitly established that the intended review would be predicated on grounds under rule 66(1), both prerequisites must be met cumulatively. Failure to establish good cause results in dismissal of the application.

Citation
tanzania rent a car vs peter kimuhu 2019 tzca 173 30 april 2019
Parties
Applicant: Tanzania Rent A Car; Respondent: Peter Kimuhu
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
30 April 2019
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to Lodge Review
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Review, Good Cause for Delay, Illegality as Ground for Extension
Source Language
English
Civil Procedure Extension of Time Review Good Cause for Delay Illegality as Ground for Extension

Case Brief

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Parties

Tanzania Rent A Car

Applicant

Peter Kimuhu

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time to Lodge Review

Legal Issues

  1. 1 Whether applicant has shown good cause for delay in seeking extension of time to file review
  2. 2 Whether intended review is predicated on grounds under rule 66(1) of the Tanzania Court of Appeal Rules

Ratio Decidendi

Applicant failed to show good cause for the delay, as inadvertence and failure to check the law by counsel do not constitute good cause. Applicant also failed to account for every day of delay. Although applicant implicitly established that the intended review would be predicated on grounds under rule 66(1), both prerequisites must be met cumulatively. Failure to establish good cause results in dismissal of the application.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time to lodge review is dismissed with costs