20150323 TZCA Dar es Salaam 1

20150323 TZCA Dar es Salaam 1

The affidavit supporting the application was incurably defective as it did not disclose the source of information regarding the advocate's sickness, and such statements should have come from the advocate herself or the source should have been disclosed. Therefore, the application had no basis and was struck out.

Citation
20150323 TZCA Dar es Salaam 1
Parties
Applicant: Commissioner General TRA; Respondent: Rodgers Mhina; Respondent: Captain Ally Magessa
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
23 March 2015
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Outcome
Application struck out
Legal Topics
Extension of Time, Restoration of Appeal, Affidavit Requirements
Source Language
English
Civil Procedure Extension of Time Restoration of Appeal Affidavit Requirements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Commissioner General TRA

Applicant

Rodgers Mhina

Respondent

Captain Ally Magessa

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file an application for restoration of a dismissed appeal
  2. 2 Whether the affidavit in support of the application is valid

Ratio Decidendi

The affidavit supporting the application was incurably defective as it did not disclose the source of information regarding the advocate's sickness, and such statements should have come from the advocate herself or the source should have been disclosed. Therefore, the application had no basis and was struck out.

Court Disposition

Application struck out

Orders

  • No order as to costs