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
Summary, issues, holding and outcome
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Parties
Bertha Bwire
Applicant
Alex Maganga
Respondent
Procedural Posture
Civil Reference / Ruling on Reference From Single Justice's Decision
Legal Issues
- 1 Whether good cause was shown for extension of time to apply for leave to appeal
- 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
Full Case Text
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