bilal moshi soud vs mariam juma bakari 2023 tzhc 16892 21 april 2023
The applicant failed to account for 33 days of delay and relied on hearsay evidence without the supporting affidavit of the previous advocate, resulting in inordinate delay and lack of good cause for extension of time.
- Citation
- bilal moshi soud vs mariam juma bakari 2023 tzhc 16892 21 april 2023
- Parties
- Applicant: Bilal Moshi Soud; Respondent: Mariam Juma Bakari
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 21 April 2023
- Procedural Posture
- Miscellaneous Land Application / Ruling on Application for Extension of Time
- Outcome
- Application dismissed with costs
- Legal Topics
- Extension of Time, Certification of Points of Law, Technical Delay, Affidavit Evidence
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Bilal Moshi Soud
Applicant
Mariam Juma Bakari
Respondent
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the applicant demonstrated good cause for extension of time to file an application for certification of points of law
- 2 Whether technical delay applies in the circumstances
- 3 Whether the applicant accounted for each day of delay
Ratio Decidendi
The applicant failed to account for 33 days of delay and relied on hearsay evidence without the supporting affidavit of the previous advocate, resulting in inordinate delay and lack of good cause for extension of time.
Court Disposition
Application dismissed with costs
Orders
- Application dismissed for want of merits with costs
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