francis konas others vs felex shirima 2023 tzca 17792 6 november 2023

francis konas others vs felex shirima 2023 tzca 17792 6 november 2023

Applicants failed to demonstrate sufficient cause for extension of time; advocate's negligence was not exceptional and applicants did not show vigilance; alleged illegality was not apparent on the face of the impugned High Court decision; application dismissed with costs.

Citation
francis konas others vs felex shirima 2023 tzca 17792 6 november 2023
Parties
Applicant: Francis Konasi; Applicant: Doto Konasi; Applicant: Sarafina Konasi; Applicant: Chesko Konasi; Applicant: Margareth Konasi; Applicant: John Konasi; Respondent: Felex Shirima
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
6 November 2023
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Outcome
application dismissed with costs
Legal Topics
Extension of Time, Certificate on Point of Law, Jurisdiction, Advocate Negligence
Source Language
English
Civil Procedure Land Law Extension of Time Certificate on Point of Law Jurisdiction Advocate Negligence

Case Brief

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Parties

Francis Konasi

Applicant

Doto Konasi

Applicant

Sarafina Konasi

Applicant

Chesko Konasi

Applicant

Margareth Konasi

Applicant

John Konasi

Applicant

Felex Shirima

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether applicants have shown good cause for extension of time to file application for certificate on point of law
  2. 2 Whether advocate's negligence constitutes sufficient cause for extension
  3. 3 Whether alleged illegality in lower court decisions justifies extension

Ratio Decidendi

Applicants failed to demonstrate sufficient cause for extension of time; advocate's negligence was not exceptional and applicants did not show vigilance; alleged illegality was not apparent on the face of the impugned High Court decision; application dismissed with costs.

Court Disposition

application dismissed with costs

Orders

  • application for extension of time dismissed
  • costs awarded to respondent