drreginald abraham mengi another vs muganyizi jlutagabwa 2 others 2018 tzhccomd 22 7 february 2018

drreginald abraham mengi another vs muganyizi jlutagabwa 2 others 2018 tzhccomd 22 7 february 2018

Applicants failed to provide justifiable reasons for the delay as the law does not require a copy of the judgment or decree to accompany the notice of appeal, and the absence of a counter affidavit does not automatically entitle the applicants to the relief sought. Discretionary powers cannot be exercised without sufficient cause.

Citation
drreginald abraham mengi another vs muganyizi jlutagabwa 2 others 2018 tzhccomd 22 7 february 2018
Parties
Applicant: Dr. Reginald Abraham Mengi; Applicant: KM Prospecting Limited; Respondent: Muganyizi J. Lutagwaba; Respondent: Erick Mashauri; Respondent: Charles Xavier Mnguto
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
7 February 2018
Procedural Posture
Consolidated Miscellaneous Applications for Extension of Time / Ruling on Applications for Extension of Time to File Notice of Appeal
Outcome
Applications dismissed with costs
Legal Topics
Extension of Time, Notice of Appeal, Discretionary Powers of Court
Source Language
English
Civil Procedure Appellate Practice Extension of Time Notice of Appeal Discretionary Powers of Court

Case Brief

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Parties

Dr. Reginald Abraham Mengi

Applicant

KM Prospecting Limited

Applicant

Muganyizi J. Lutagwaba

Respondent

Erick Mashauri

Respondent

Charles Xavier Mnguto

Respondent

Procedural Posture

Consolidated Miscellaneous Applications for Extension of Time / Ruling on Applications for Extension of Time to File Notice of Appeal

Legal Issues

  1. 1 Whether the applicants have shown sufficient cause for extension of time to file notice of appeal out of time
  2. 2 Whether absence of a counter affidavit amounts to non-opposition and automatic grant of application

Ratio Decidendi

Applicants failed to provide justifiable reasons for the delay as the law does not require a copy of the judgment or decree to accompany the notice of appeal, and the absence of a counter affidavit does not automatically entitle the applicants to the relief sought. Discretionary powers cannot be exercised without sufficient cause.

Court Disposition

Applications dismissed with costs

Orders

  • Consolidated Miscellaneous Applications No. 198 of 2016 and 214 of 2016 are dismissed with costs.