athuman mtundunya vs the district crime officer ruangwa others 2019 tzca 364 4 november 2019

athuman mtundunya vs the district crime officer ruangwa others 2019 tzca 364 4 november 2019

The applicant failed to show good cause for the delay and did not account for each day of delay. The medical chits provided were not authenticated and did not justify the delay, and the letter relied upon was not part of the record before the single Justice. The single Justice properly exercised discretion in dismissing the application for extension of time.

Citation
athuman mtundunya vs the district crime officer ruangwa others 2019 tzca 364 4 november 2019
Parties
Applicant: Athuman Mtundunya; 1st Respondent: The District Crime Officer Ruangwa; 2nd Respondent: The Regional Officer Lindi; 3rd Respondent: The Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
4 November 2019
Procedural Posture
Civil Reference / Ruling on Reference From Single Justice's Refusal to Extend Time
Outcome
Application dismissed
Legal Topics
Extension of Time, Judicial Discretion, Reference From Single Justice, Good Cause Requirement
Source Language
English
Civil Procedure Extension of Time Judicial Discretion Reference From Single Justice Good Cause Requirement

Case Brief

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Parties

Athuman Mtundunya

Applicant

The District Crime Officer Ruangwa

1st Respondent

The Regional Officer Lindi

2nd Respondent

The Attorney General

3rd Respondent

Procedural Posture

Civil Reference / Ruling on Reference From Single Justice's Refusal to Extend Time

Legal Issues

  1. 1 Whether the single Justice erred in refusing to grant extension of time to file an appeal
  2. 2 Whether the applicant showed good cause for delay as required by Rule 10 of the Court of Appeal Rules, 2009

Ratio Decidendi

The applicant failed to show good cause for the delay and did not account for each day of delay. The medical chits provided were not authenticated and did not justify the delay, and the letter relied upon was not part of the record before the single Justice. The single Justice properly exercised discretion in dismissing the application for extension of time.

Court Disposition

Application dismissed

Orders

  • No order as to costs