20171120 TZCA Dar es Salaam

20171120 TZCA Dar es Salaam

The applicant failed to demonstrate good cause for the delay; the single Justice considered all relevant facts and exercised discretion properly. The applicant's lack of diligence and indolence were decisive factors.

Citation
20171120 TZCA Dar es Salaam
Parties
Applicant: Bertha Bwire; Respondent: Alex Maganga
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
20 November 2017
Procedural Posture
Civil Reference / Ruling on Reference From Single Justice's Decision
Outcome
reference dismissed with costs
Legal Topics
Extension of Time, Leave to Appeal, Judicial Discretion
Source Language
English

Case Brief

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Parties

Bertha Bwire

Applicant

Alex Maganga

Respondent

Procedural Posture

Civil Reference / Ruling on Reference From Single Justice's Decision

  1. 1 Whether good cause was shown for extension of time to apply for leave to appeal
  2. 2 Whether the single Justice exercised discretion properly under Rule 10 of the Tanzania Court of Appeal Rules, 2009

Ratio Decidendi

The applicant failed to demonstrate good cause for the delay; the single Justice considered all relevant facts and exercised discretion properly. The applicant's lack of diligence and indolence were decisive factors.

Court Disposition

reference dismissed with costs

Orders

  • reference dismissed
  • costs awarded to respondent