charles zephania mwenesano vs daniel samwel chuma 2023 tzca 97 8 march 2023

charles zephania mwenesano vs daniel samwel chuma 2023 tzca 97 8 march 2023

The applicant failed to account for each day of the delay and did not demonstrate good cause as required by law. The presence of legal representation and repeated withdrawals of applications indicated a lack of diligence. Therefore, the application for extension of time was dismissed.

Citation
charles zephania mwenesano vs daniel samwel chuma 2023 tzca 97 8 march 2023
Parties
Applicant: Charles Zephania Mwenesano; Respondent: Daniel Samwel Chuma
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
8 March 2023
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Good Cause, Affidavit Requirements, Judicial Discretion
Source Language
English
Civil Procedure Extension of Time Good Cause Affidavit Requirements Judicial Discretion

Case Brief

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Parties

Charles Zephania Mwenesano

Applicant

Daniel Samwel Chuma

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has shown good cause for extension of time to amend the Notice of Motion by citing the proper enabling provisions of the law

Ratio Decidendi

The applicant failed to account for each day of the delay and did not demonstrate good cause as required by law. The presence of legal representation and repeated withdrawals of applications indicated a lack of diligence. Therefore, the application for extension of time was dismissed.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time is dismissed with costs