eva mganga versus mbwana nyabuta malima 2023 tzhc 23296 8 december 2023

eva mganga versus mbwana nyabuta malima 2023 tzhc 23296 8 december 2023

Applicant failed to provide sufficient and credible reasons for the delay, particularly by not accounting for each day of delay and by being aware of legal aid services but not utilizing them promptly; thus, no sufficient cause was shown to warrant extension of time.

Citation
eva mganga versus mbwana nyabuta malima 2023 tzhc 23296 8 december 2023
Parties
Mleta Maombi: Eva Mganga; Mjibu Maombi: Mbwana Nyabuta Malima
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 December 2023
Procedural Posture
Maombi Madogo Ya Madai / Uamuzi Wa Maombi Ya Kuruhusiwa Kukata Rufaa Nje Ya Muda
Outcome
maombi yanatupiliwa mbali
Legal Topics
Extension of Time, Child Custody, Appeals, Limitation of Actions
Source Language
English
Family Law Civil Procedure Extension of Time Child Custody Appeals Limitation of Actions

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Parties

Eva Mganga

Mleta Maombi

Mbwana Nyabuta Malima

Mjibu Maombi

Procedural Posture

Maombi Madogo Ya Madai / Uamuzi Wa Maombi Ya Kuruhusiwa Kukata Rufaa Nje Ya Muda

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file an appeal out of time against the decision of the Juvenile Court regarding child custody.

Ratio Decidendi

Applicant failed to provide sufficient and credible reasons for the delay, particularly by not accounting for each day of delay and by being aware of legal aid services but not utilizing them promptly; thus, no sufficient cause was shown to warrant extension of time.

Court Disposition

maombi yanatupiliwa mbali

Orders

  • Kila upande ujigharimie gharama