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Tanzania decisions
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Failure to issue mandatory notice before pronouncement of summary judgment vitiated procedure; summary judgment and decree must be set aside under Order XXXV Rule 8.
Source excerpt
The applicant failed to show sufficient cause for the inordinate delay of over four years in filing the notice of appeal. Negligence of her advocate does not constitute good cause, and the applicant had a duty to follow up on her case. No apparent illegality was found in the decision to be appealed. The applicant also failed to account for each day of delay as required by law.
Source excerpt
The application was granted on the ground of illegality, as the court found that the applicant was not effectively served with notice of the judgment date, which is a sufficient cause for extension of time to appeal.
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The Court of Appeal declined to restore a dismissed appeal, finding no sufficient cause for non-appearance and noting contradictory evidence about counsel’s sickness.
The High Court Labour Division dismissed ABB Limited’s application to extend time to seek revision, finding no good cause and no proper explanation for delay.
Applicants failed to account for the delay, and negligence of the advocate and department cannot constitute sufficient cause for extension of time. The delay of about 80 days is inordinate and unjustified.
Source excerpt
Applicant failed to provide good cause for the delay as negligence of his advocate is attributable to him, and no apparent illegality was demonstrated on the face of the award.
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The High Court Land Division dismissed an application to extend time to seek restoration of a dismissed bill of costs, finding no sufficient cause shown.
Applicant failed to establish sufficient reasons for delay; negligence and inaction by applicant and advocate do not constitute sufficient cause for extension of time.
Source excerpt
The High Court granted leave to appeal to the Court of Appeal in a land dispute, finding the applicants had sufficient grounds and awarding no costs.
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