20170522 TZCA Mwanza

20170522 TZCA Mwanza

The applicant failed to account for each day of delay after the High Court's dismissal, and his explanations for delay in seeking leave were implausible. The application for extension of time to file a letter for proceedings was misconceived as the letter had already been filed timeously. The application was dismissed in its entirety with costs.

Citation
20170522 TZCA Mwanza
Parties
Applicant: Mathias Charles Kaselele; Respondent: The Registered Trustees of the Archdiocese of Mwanza Roman Catholic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
22 May 2017
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Notice of Appeal, Leave to Appeal, Technical Delay, Abuse of Process
Source Language
English
Civil Procedure Land Law Appellate Practice Extension of Time Notice of Appeal Leave to Appeal Technical Delay Abuse of Process

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Parties

Mathias Charles Kaselele

Applicant

The Registered Trustees of the Archdiocese of Mwanza Roman Catholic

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has shown good cause for extension of time to file notice of appeal, letter applying for proceedings, and application for leave to appeal
  2. 2 Whether the application is incompetent due to procedural defects

Ratio Decidendi

The applicant failed to account for each day of delay after the High Court's dismissal, and his explanations for delay in seeking leave were implausible. The application for extension of time to file a letter for proceedings was misconceived as the letter had already been filed timeously. The application was dismissed in its entirety with costs.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time to file notice of appeal dismissed
  • Application for extension of time to file letter for proceedings dismissed