20100530 TZCA Mwanza 1

20100530 TZCA Mwanza 1

The applicant failed to provide sufficient reason for the delay in her affidavit, and the reasons given in previous proceedings were found to be inadequate. Therefore, the Court declined to exercise its discretion to grant the extension of time.

Citation
20100530 TZCA Mwanza 1
Parties
Applicant: Josephina A. Kalalu; Respondent: Isaac Michael Mallya
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
30 May 2010
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Appeals, Discretionary Powers, Sufficient Reason for Delay
Source Language
English
Civil Procedure Extension of Time Appeals Discretionary Powers Sufficient Reason for Delay

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Josephina A. Kalalu

Applicant

Isaac Michael Mallya

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has shown sufficient reason for extension of time to file notice of intention to appeal and application for leave to appeal out of time

Ratio Decidendi

The applicant failed to provide sufficient reason for the delay in her affidavit, and the reasons given in previous proceedings were found to be inadequate. Therefore, the Court declined to exercise its discretion to grant the extension of time.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time is dismissed
  • Costs awarded to the respondent