amani mafuru vs shibide lugoba 2022 tzhc 15074 8 december 2022

amani mafuru vs shibide lugoba 2022 tzhc 15074 8 december 2022

The appellant failed to account for every day of delay and did not establish sufficient cause for extension of time. The alleged illegality was not apparent on the face of the record and required further evidence, thus could not justify extension. The District Court exercised its discretion properly in refusing the application.

Citation
amani mafuru vs shibide lugoba 2022 tzhc 15074 8 december 2022
Parties
Appellant: Amani Mafuru; Respondent: Shibide Lugoba
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 December 2022
Procedural Posture
Civil Appeal / Judgment on Appeal From Refusal of Extension of Time
Outcome
Appeal dismissed
Legal Topics
Extension of Time, Sufficient Cause, Locus Standi, Appeals From Primary Court, Discretionary Powers
Source Language
English
Civil Procedure Extension of Time Sufficient Cause Locus Standi Appeals From Primary Court Discretionary Powers

Case Brief

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Parties

Amani Mafuru

Appellant

Shibide Lugoba

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From Refusal of Extension of Time

Legal Issues

  1. 1 Whether the appellant advanced sufficient cause for extension of time to appeal against the decision of Mkuyuni Primary Court
  2. 2 Whether the District Court erred in not considering alleged illegality and affidavit/submissions of the appellant

Ratio Decidendi

The appellant failed to account for every day of delay and did not establish sufficient cause for extension of time. The alleged illegality was not apparent on the face of the record and required further evidence, thus could not justify extension. The District Court exercised its discretion properly in refusing the application.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs