Sultan Bin Ali Bin Hilal El Esri versus Mohamed Hilal and Other

Sultan Bin Ali Bin Hilal El Esri versus Mohamed Hilal and Other; Misc Commercial Application No 116 of 2016: High Court of Tanzania (Commercial Division) at Dar es Salaam (Unreported).

• Civil Procedure

• Extension of time – application for extension of time to file witness statement – applicant to supply sufficient material upon which to exercise the discretion and grant of extension.
• Extension of time-grant or not grant is entirely in the discretion of the court – sufficient cause must be shown.

Held:-

(i) An application for extension of time will only succeed upon supply to the court sufficient materials upon which the exercise of discretion and grant an extension.

(ii) It is trite law than an application for extension of time is entirely in the discretion of the court to grant or refuse it, and that extension of time is where it has been sufficiently established that the delay was with sufficient cause.