asheri mbogela vs samson ngelengelania 2016 tzhc 2313 21 october 2016
The applicant failed to act diligently and did not provide sufficient cause for the delay; the matter had already been determined in a previous application, making this application res judicata.
- Citation
- asheri mbogela vs samson ngelengelania 2016 tzhc 2313 21 october 2016
- Parties
- Applicant: Asheri Mbogela; Respondent: Samson Ngelengelania
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 21 October 2016
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Application for Extension of Time
- Outcome
- application dismissed with costs
- Legal Topics
- Extension of Time, Res Judicata, Appeals
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Asheri Mbogela
Applicant
Samson Ngelengelania
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the applicant has shown sufficient cause for extension of time to file an appeal
- 2 Whether the application is barred by res judicata
Ratio Decidendi
The applicant failed to act diligently and did not provide sufficient cause for the delay; the matter had already been determined in a previous application, making this application res judicata.
Court Disposition
application dismissed with costs
Orders
- Application dismissed
- Applicant to pay costs of the application
Full Case Text
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