CIVIL APPL NO 683 OF 2023 FELIX LENDITA VS MICHAEL LONGIDU

CIVIL APPL NO 683 OF 2023 FELIX LENDITA VS MICHAEL LONGIDU

The applicant failed to account for the entire period of delay, specifically the 13 days after withdrawal of the previous application, and did not substantiate the alleged illegality; therefore, good cause for extension of time was not shown.

Source-derived case information.

Citation
CIVIL APPL NO 683 OF 2023 FELIX LENDITA VS MICHAEL LONGIDU
Parties
Applicant: Felix Lendita; Respondent: Michael Long'idu
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to File Second Bite Application for Extension of Time to Lodge Notice of Appeal
Outcome
Application dismissed with costs.
Legal Topics
Extension of Time, Notice of Appeal, Technical Delay, Jurisdiction, Illegality
Source Language
english
Civil Procedure Land Law Extension of Time Notice of Appeal Technical Delay Jurisdiction Illegality

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Parties

Felix Lendita

Applicant

Michael Long'idu

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time to File Second Bite Application for Extension of Time to Lodge Notice of Appeal

Legal Issues

  1. 1 Whether the applicant has shown good cause for extension of time to file a second bite application for extension of time to lodge a notice of appeal
  2. 2 Whether technical delay principle applies to the period of delay
  3. 3 Whether alleged illegality constitutes good cause for extension of time

Ratio Decidendi

The applicant failed to account for the entire period of delay, specifically the 13 days after withdrawal of the previous application, and did not substantiate the alleged illegality; therefore, good cause for extension of time was not shown.

Court Disposition

Application dismissed with costs.

Orders

  • Application for extension of time refused.
  • Applicant to pay costs.