19970923 TZHC Mwanza1

Applicant failed to explain six-month delay after affidavit was sworn; absence of explanation and failure to reply to counter affidavit shows lack of bona fides.

Citation: 19970923 TZHC Mwanza1
Parties: Respondent: Deudedit Byabato; Applicant: Applicant (unnamed)
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 23 September 1997
Procedural Posture: Civil Application / Application for Leave to File Appeal Out of Time
Outcome: application dismissed
Legal Topics: Extension of Time, Appeal Procedure, Affidavit Evidence
Source Language: English

Civil Procedure Extension of Time Appeal Procedure Affidavit Evidence

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Parties

Deudedit Byabato

Respondent

Applicant (unnamed)

Applicant

Procedural Posture

Civil Application / Application for Leave to File Appeal Out of Time

Legal Issues

1 Whether the applicant has shown sufficient cause for delay in filing appeal out of time

Ratio Decidendi

Applicant failed to explain six-month delay after affidavit was sworn; absence of explanation and failure to reply to counter affidavit shows lack of bona fides.

Court Disposition

application dismissed

Orders

application dismissed with costs to respondent