20040430 TZHC Arusha

20040430 TZHC Arusha

The applicant failed to provide sufficient cause for the inordinate and unexplained delay of 42 days after withdrawal of the previous applications. The irregularity in the notice of appeal could have been sufficient reason only if the applicant had acted promptly. The delay is not justified, and extension of time is refused.

Citation
20040430 TZHC Arusha
Parties
Applicant: Christopher Itael Kweka; Respondent: Not specified
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 April 2004
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Leave to Appeal, Notice of Appeal, Procedural Irregularity
Source Language
English
Civil Procedure Extension of Time Leave to Appeal Notice of Appeal Procedural Irregularity

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Parties

Christopher Itael Kweka

Applicant

Not specified

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether sufficient cause was shown for the delay in filing application for extension of time to lodge notice of appeal and application for leave to appeal
  2. 2 Whether procedural irregularity caused by court staff constitutes sufficient reason for extension of time

Ratio Decidendi

The applicant failed to provide sufficient cause for the inordinate and unexplained delay of 42 days after withdrawal of the previous applications. The irregularity in the notice of appeal could have been sufficient reason only if the applicant had acted promptly. The delay is not justified, and extension of time is refused.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time to lodge notice of appeal and application for leave to appeal is dismissed
  • Applicant to pay costs