gidbaghe layda vs emmanuel bariye others 2023 tzca 17782 31 october 2023

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

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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)

  1. 1 Whether the application for extension of time was filed within the prescribed period
  2. 2 Whether reasons for delay were properly accounted for in the supporting affidavit
  3. 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