3
Applicant failed to account for each day of delay and did not provide sufficient evidence of follow-ups or technical obstacles; alleged illegality was not apparent on the face of the record and required substantive evaluation; therefore, no sufficient cause was established for extension of time.
- Citation
- 3
- Parties
- Applicant: Charles Mbwana; 1st Respondent: Mariam John Mhina; 2nd Respondent: G4317 CPL Charles
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 26 October 2023
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Application for Extension of Time
- Outcome
- Application dismissed
- Legal Topics
- Extension of Time, Appeals, Limitation, Matrimonial Property
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Charles Mbwana
Applicant
Mariam John Mhina
1st Respondent
G4317 CPL Charles
2nd Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether sufficient reasons exist to grant extension of time to file appeal
- 2 Whether technical delay due to absence of reference number constitutes sufficient cause
- 3 Whether alleged illegality in trial court decision justifies extension
Ratio Decidendi
Applicant failed to account for each day of delay and did not provide sufficient evidence of follow-ups or technical obstacles; alleged illegality was not apparent on the face of the record and required substantive evaluation; therefore, no sufficient cause was established for extension of time.
Court Disposition
Application dismissed
Orders
- Costs to be shared by the parties
- Right of appeal explained
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