gidbaghe layda vs emmanuel bariye others 2023 tzca 17782 31 october 2023
The application is time barred due to non-compliance with rules requiring filing within 14 days and failure to obtain certificate of delay; reasons for delay were not properly accounted for in the supporting affidavit.
- Citation
- gidbaghe layda vs emmanuel bariye others 2023 tzca 17782 31 october 2023
- Parties
- Applicant: Gidbaghe Layda; Respondent: Emanuel Bariye; Respondent: Laurent Tluway; Respondent: Wilbroad Maganga
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 31 October 2023
- Procedural Posture
- Criminal Application / Application for Extension of Time (second Bite)
- Outcome
- application struck out as time barred
- Legal Topics
- Extension of Time, Second Bite Application, Time Bar, Certificate of Delay
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Gidbaghe Layda
Applicant
Emanuel Bariye
Respondent
Laurent Tluway
Respondent
Wilbroad Maganga
Respondent
Procedural Posture
Criminal Application / Application for Extension of Time (second Bite)
Legal Issues
- 1 Whether the application for extension of time was filed within the prescribed period
- 2 Whether reasons for delay were properly accounted for in the supporting affidavit
- 3 Whether the applicant complied with rules regarding certificate of delay
Ratio Decidendi
The application is time barred due to non-compliance with rules requiring filing within 14 days and failure to obtain certificate of delay; reasons for delay were not properly accounted for in the supporting affidavit.
Court Disposition
application struck out as time barred
Orders
- application struck out
Full Case Text
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