yono auction mart and co ltd and others vs bioshape t ltd 2023 tzca 200 24 april 2023
The applicants failed to account for each day of the delay and did not provide crucial information regarding the period of delay; the single Justice properly exercised discretion in refusing extension of time, and there was no basis for interference by the full Court.
- Citation
- yono auction mart and co ltd and others vs bioshape t ltd 2023 tzca 200 24 april 2023
- Parties
- Applicant: YONO Auction Mart & Co Ltd & 2 Others; Respondent: Bioshape (T) Ltd
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 24 April 2023
- Procedural Posture
- Civil Reference / Ruling on Reference From Single Justice's Decision
- Outcome
- reference dismissed with costs
- Legal Topics
- Extension of Time, Judicial Discretion, Accounting for Delay
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
YONO Auction Mart & Co Ltd & 2 Others
Applicant
Bioshape (T) Ltd
Respondent
Procedural Posture
Civil Reference / Ruling on Reference From Single Justice's Decision
Legal Issues
- 1 Whether the applicants showed good cause for extension of time to file an appeal out of time
- 2 Whether the single Justice properly exercised discretion in refusing extension of time
Ratio Decidendi
The applicants failed to account for each day of the delay and did not provide crucial information regarding the period of delay; the single Justice properly exercised discretion in refusing extension of time, and there was no basis for interference by the full Court.
Court Disposition
reference dismissed with costs
Orders
- Reference dismissed
- Applicants to pay costs
Full Case Text
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