20130202 TZCA Dar es Salaam
No sufficient reason was advanced for the delay; variance between the Notice of Motion and supporting affidavit is fatal; negligence or inattention by advocate does not justify extension of time.
- Citation
- 20130202 TZCA Dar es Salaam
- Parties
- Applicant: Abdallah S. Ndope & Others; Respondent: National Housing Corporation
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 2 February 2013
- Procedural Posture
- Civil Application / Ruling on Application for Extension of Time
- Outcome
- Application dismissed with costs
- Legal Topics
- Extension of Time, Appeal Procedure, Affidavit Variance, Sufficient Cause for Delay
- Source Language
- English
Case Brief
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Parties
Abdallah S. Ndope & Others
Applicant
National Housing Corporation
Respondent
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether sufficient reason was shown to warrant extension of time to appeal out of time
- 2 Whether variance between Notice of Motion and supporting affidavit affects the application
Ratio Decidendi
No sufficient reason was advanced for the delay; variance between the Notice of Motion and supporting affidavit is fatal; negligence or inattention by advocate does not justify extension of time.
Court Disposition
Application dismissed with costs
Orders
- Application for extension of time is dismissed with costs
Full Case Text
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