franken kimaro vs beatrice j mbaga 2023 tzhc 19279 5 may 2023
Applicant failed to provide any valid or sufficient reason for the delay of more than three years; repeated applications constitute abuse of court process; extension of time denied.
- Citation
- franken kimaro vs beatrice j mbaga 2023 tzhc 19279 5 may 2023
- Parties
- Applicant: Franken Kimaro; Respondent: Beatrice J. Mbaga
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 5 May 2023
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Application for Extension of Time
- Outcome
- application dismissed with costs
- Legal Topics
- Extension of Time, Abuse of Court Process, Limitation of Actions
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Franken Kimaro
Applicant
Beatrice J. Mbaga
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the applicant has shown sufficient cause for extension of time to lodge notice of appeal
- 2 Whether repeated applications constitute abuse of court process
Ratio Decidendi
Applicant failed to provide any valid or sufficient reason for the delay of more than three years; repeated applications constitute abuse of court process; extension of time denied.
Court Disposition
application dismissed with costs
Orders
- application dismissed with costs to respondent
- right to appeal explained
Full Case Text
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