constantine kalipeni vs sudi m dibwe ta auction mart another 2019 tzca 214 22 july 2019

constantine kalipeni vs sudi m dibwe ta auction mart another 2019 tzca 214 22 july 2019

The applicant failed to account for each day of delay and did not demonstrate diligence or good cause for the delay. Allegations of illegality and fraud were not apparent on the face of the record and lacked evidentiary support. The application for extension of time is therefore dismissed.

Citation
constantine kalipeni vs sudi m dibwe ta auction mart another 2019 tzca 214 22 july 2019
Parties
Applicant: Constantine Kalipeni; 1st Respondent: Sudi M. Dibwe t/a Auction Mart; 2nd Respondent: Whyte Laombwe Kisenge
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
22 July 2019
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to File Revision
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Revision, Deed of Settlement, Fraud by Advocate, Court Discretion, Illegality as Ground for Extension
Source Language
English
Civil Procedure Extension of Time Revision Deed of Settlement Fraud by Advocate Court Discretion Illegality as Ground for Extension

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 3 Authorities cited 16 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Constantine Kalipeni

Applicant

Sudi M. Dibwe t/a Auction Mart

1st Respondent

Whyte Laombwe Kisenge

2nd Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time to File Revision

Legal Issues

  1. 1 Whether the applicant has shown good cause for extension of time to file an application for revision
  2. 2 Whether allegations of illegality and fraud in the proceedings justify extension of time

Ratio Decidendi

The applicant failed to account for each day of delay and did not demonstrate diligence or good cause for the delay. Allegations of illegality and fraud were not apparent on the face of the record and lacked evidentiary support. The application for extension of time is therefore dismissed.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time to file revision is dismissed
  • Applicant to pay costs