Anastella vs Kapaya Ruling

Anastella vs Kapaya Ruling

The applicant failed to demonstrate sufficient cause for the delay, did not account for each day of delay, and the grounds advanced were not substantiated or attributable to factors outside her control. The responsibility for correct filings lies with the parties, not the court or its electronic system.

Citation
Anastella vs Kapaya Ruling
Parties
Applicant: Anastella Stanslaus James; 1st Respondent: Kapaya Dotto; 2nd Respondent: James Liberi; 3rd Respondent: Shashinhale Auction Mart and Court Brokers Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
23 December 2024
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Appeals, Limitation of Actions
Source Language
English
Civil Procedure Extension of Time Appeals Limitation of Actions

Case Brief

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Parties

Anastella Stanslaus James

Applicant

Kapaya Dotto

1st Respondent

James Liberi

2nd Respondent

Shashinhale Auction Mart and Court Brokers Ltd

3rd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant demonstrated sufficient cause for extension of time to file an appeal out of time

Ratio Decidendi

The applicant failed to demonstrate sufficient cause for the delay, did not account for each day of delay, and the grounds advanced were not substantiated or attributable to factors outside her control. The responsibility for correct filings lies with the parties, not the court or its electronic system.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time is dismissed with costs