20060404 TZCA Dar es Salaam2

20060404 TZCA Dar es Salaam2

The applicant failed to provide any reason, let alone sufficient reason, to explain the delay in filing the reference; therefore, the court's discretionary power to extend time could not be exercised in his favour.

Citation
20060404 TZCA Dar es Salaam2
Parties
Applicant: Fares Munema; Respondent: Asha Munema
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
4 April 2006
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Outcome
Application dismissed
Legal Topics
Extension of Time, Affidavit Defects, Restoration of Application, Discretionary Powers
Source Language
English
Civil Procedure Extension of Time Affidavit Defects Restoration of Application Discretionary Powers

Case Brief

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Parties

Fares Munema

Applicant

Asha Munema

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether sufficient reason was shown to warrant extension of time to file a reference against the decision of a single judge
  2. 2 Whether defects in the jurat of attestation justify dismissal or amendment of the affidavit

Ratio Decidendi

The applicant failed to provide any reason, let alone sufficient reason, to explain the delay in filing the reference; therefore, the court's discretionary power to extend time could not be exercised in his favour.

Court Disposition

Application dismissed

Orders

  • Application for extension of time is dismissed
  • No order as to costs