furahini konga vs dama jimoka 2 others 2023 tzhc 20590 31 august 2023

furahini konga vs dama jimoka 2 others 2023 tzhc 20590 31 august 2023

The applicant failed to provide sufficient evidence to account for each day of delay, and the affidavit relied on hearsay regarding instructions from a third party without supporting affidavit; therefore, no good cause was shown for extension of time.

Citation
furahini konga vs dama jimoka 2 others 2023 tzhc 20590 31 august 2023
Parties
Applicant: Furahini Konga; Respondent: Dama Jimoka; Respondent: Jimoka Mwesema; Respondent: Anthony Mwanjala
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 August 2023
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application dismissed
Legal Topics
Extension of Time, Appeal Procedure, Affidavit Evidence, Hearsay
Source Language
English
Land Law Civil Procedure Extension of Time Appeal Procedure Affidavit Evidence Hearsay

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Furahini Konga

Applicant

Dama Jimoka

Respondent

Jimoka Mwesema

Respondent

Anthony Mwanjala

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether sufficient grounds exist to grant extension of time to file an appeal out of time

Ratio Decidendi

The applicant failed to provide sufficient evidence to account for each day of delay, and the affidavit relied on hearsay regarding instructions from a third party without supporting affidavit; therefore, no good cause was shown for extension of time.

Court Disposition

Application dismissed

Orders

  • Application for extension of time is dismissed for want of merit.
  • No order as to costs since the matter was heard ex parte.