chandrakant vrajlal kanabar vs rupesh vrajlal kanabar two others 2023 tzhc 23776 9 november 2023

chandrakant vrajlal kanabar vs rupesh vrajlal kanabar two others 2023 tzhc 23776 9 november 2023

The applicant failed to provide sufficient cause for the delay, did not account for each day of the delay, and did not provide credible evidence for illness or financial constraints. The law requires strict compliance in accounting for delay, and the applicant's explanations were found inadequate.

Citation
chandrakant vrajlal kanabar vs rupesh vrajlal kanabar two others 2023 tzhc 23776 9 november 2023
Parties
Applicant: Chandrakant Vrajlal Kanabar; 1st Respondent: Rupesh Vrajlal Kanabar; 2nd Respondent: Amar Vrajlal Kanabar; 3rd Respondent: Sailesh Shantilal Kontecha
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
9 November 2023
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Outcome
Application dismissed
Legal Topics
Extension of Time, Dismissal of Suit, Setting Aside Dismissal, Sufficient Cause, Delay in Filing
Source Language
English
Civil Procedure Extension of Time Dismissal of Suit Setting Aside Dismissal Sufficient Cause Delay in Filing

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Parties

Chandrakant Vrajlal Kanabar

Applicant

Rupesh Vrajlal Kanabar

1st Respondent

Amar Vrajlal Kanabar

2nd Respondent

Sailesh Shantilal Kontecha

3rd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant demonstrated sufficient cause for extension of time to apply for setting aside the dismissal order

Ratio Decidendi

The applicant failed to provide sufficient cause for the delay, did not account for each day of the delay, and did not provide credible evidence for illness or financial constraints. The law requires strict compliance in accounting for delay, and the applicant's explanations were found inadequate.

Court Disposition

Application dismissed

Orders

  • Application for extension of time is dismissed for want of sufficient cause.
  • No order as to costs; each party to bear own costs.