THE Court of Appeal has allowed Quality Group Limited to challenge a High Court decision in litigation with Tanzania Building Agency (TBA) over redevelopment of a housing estate complex in Masaki area in Dar es Salaam, better known as Ujenzi Village.
Justice Steven Bwana ruled in favour of the company after granting its application for extension of time within which to lodge an appeal against the judgment and decree issued by High Court Judge Augustine Mwarija on May 9, 2013, on the dispute.
"I grant an order for extension of time to institute an appeal against the judgement and decree of the High Court delivered on May 9, 2013. The said appeal should be lodged in court within 30 days from the date of delivery of this ruling," Justice Bwana said in his ruling delivered last Friday.
He noted that Quality Group Limited had advanced good cause for delay in filing the appeal in question and that the grounds in support of the application were not contested by TBA.
"It is settled law that each allegation raised by an applicant should be challenged if the adverse party contests it. But in the instant application, the respondent (TBA) has failed to do so, thus proof that they have admitted the grounds in support of the application as deposed," the justice said.
Quality Group Limited, through advocate Dr Ringo Tenga, had knocked on the doors of the highest temple of justice in the country to seek its intervention with a view to challenging the judgment in question after losing its case in the High Court.
Dr Tenga had stated that despite having formerly requested for copies of the proceedings, judgment and decree, the company was only provided with the judgment on July 16, this year, by which time the statutory period limit to file the application for stay pending appeal had already lapsed.
"He alleges that the intended appeal stands an overwhelming chance of success and should the TBA execute the decree in question, the applicant would suffer substantial and irreparable loss," the judge said.
The dispute involving the parties arose when TBA leased the company the complex in question, previously known as Canadian Village, where in prior years some expatriates from Canada were living and one of the conditions to the agreement was payment on annual rent of 260,000 US dollars.