filson mushi vs jitegemee saccos ltd 2023 tzca 17421 18 july 2023

filson mushi vs jitegemee saccos ltd 2023 tzca 17421 18 july 2023

Applicant failed to show good cause for delay as financial constraints, elderly age, and use of unqualified persons do not justify extension. Alleged illness was not sufficiently established to prevent timely filing. Claim of illegality was an afterthought and not properly raised in affidavit. Application dismissed with costs.

Citation
filson mushi vs jitegemee saccos ltd 2023 tzca 17421 18 july 2023
Parties
Applicant: Filson Mushi; Respondent: Itegemee SACCOS Ltd
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
18 July 2023
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to Lodge Notice of Appeal
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Notice of Appeal, Good Cause, Technical Delay, Right to Be Heard
Source Language
English
Civil Procedure Extension of Time Notice of Appeal Good Cause Technical Delay Right to Be Heard

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Parties

Filson Mushi

Applicant

Itegemee SACCOS Ltd

Respondent

Procedural Posture

Civil Application / Ruling on 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 lodge a notice of appeal
  2. 2 Whether technical delay or illness constitutes good cause
  3. 3 Whether alleged illegality (denial of right to be heard) justifies extension

Ratio Decidendi

Applicant failed to show good cause for delay as financial constraints, elderly age, and use of unqualified persons do not justify extension. Alleged illness was not sufficiently established to prevent timely filing. Claim of illegality was an afterthought and not properly raised in affidavit. Application dismissed with costs.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed with costs