denis t mkasa vs farida hamza others 2022 tzca 801 8 december 2022
The applicant failed to state and prove sufficient cause for delay in his affidavit, as required by law; reasons given in written submissions are not evidence and cannot be relied upon. The application was therefore dismissed.
- Citation
- denis t mkasa vs farida hamza others 2022 tzca 801 8 december 2022
- Parties
- Applicant: Denis T. Mkasa; 1st Respondent: Farida Hamza (Administratrix of the Estate of the late Hamza Adam); 2nd Respondent: Geofrey Kabaka
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 8 December 2022
- Procedural Posture
- Civil Application / Ruling on Application for Extension of Time
- Outcome
- application dismissed with costs
- Legal Topics
- Extension of Time, Revision, Affidavit Requirements, Delay Justification
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Denis T. Mkasa
Applicant
Farida Hamza (Administratrix of the Estate of the late Hamza Adam)
1st Respondent
Geofrey Kabaka
2nd Respondent
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the applicant showed sufficient cause for extension of time to file an application for revision
- 2 Whether reasons for delay must be stated in the affidavit supporting the application
Ratio Decidendi
The applicant failed to state and prove sufficient cause for delay in his affidavit, as required by law; reasons given in written submissions are not evidence and cannot be relied upon. The application was therefore dismissed.
Court Disposition
application dismissed with costs
Orders
- Application dismissed with costs.
Full Case Text
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