ultimate security t ltd vs chande ally lubugile others 2023 tzca 17332 13 june 2023

ultimate security t ltd vs chande ally lubugile others 2023 tzca 17332 13 june 2023

The applicant failed to account for each day of delay, particularly the thirteen-day period after the High Court ruling, and did not demonstrate good cause for the extension. The alleged illegality was not clearly demonstrated. Therefore, the application for extension of time is dismissed.

Citation
ultimate security t ltd vs chande ally lubugile others 2023 tzca 17332 13 june 2023
Parties
Applicant: Ultimate Security (T) Ltd; 1st Respondent: Chande Ally Lubugile; 2nd Respondent: Raymond Patrice Simon; 3rd Respondent: Creva Rajabu Mkumbugwa; 4th Respondent: Noble Motors Company
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
13 June 2023
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to File Notice of Appeal
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Notice of Appeal, Good Cause for Delay, Malicious Prosecution, Illegality as Ground for Extension
Source Language
English
Civil Procedure Extension of Time Notice of Appeal Good Cause for Delay Malicious Prosecution Illegality as Ground for Extension

Case Brief

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Parties

Ultimate Security (T) Ltd

Applicant

Chande Ally Lubugile

1st Respondent

Raymond Patrice Simon

2nd Respondent

Creva Rajabu Mkumbugwa

3rd Respondent

Noble Motors Company

4th Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant demonstrated good cause for extension of time to file notice of appeal
  2. 2 Whether technical delay constitutes sufficient cause
  3. 3 Whether alleged illegality in the impugned decision warrants extension of time

Ratio Decidendi

The applicant failed to account for each day of delay, particularly the thirteen-day period after the High Court ruling, and did not demonstrate good cause for the extension. The alleged illegality was not clearly demonstrated. Therefore, the application for extension of time is dismissed.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time to file notice of appeal is dismissed
  • Applicant to pay costs