glory shifwaya samson vs rapahel james mwinuka 2021 tzca 48 24 february 2021

glory shifwaya samson vs rapahel james mwinuka 2021 tzca 48 24 february 2021

Applicant failed to account for each and every day of delay and submitted contradictory affidavit evidence, making it unsafe to exercise discretion in her favour for extension of time.

Citation
glory shifwaya samson vs rapahel james mwinuka 2021 tzca 48 24 february 2021
Parties
Applicant: Glory Shifwaya Samson; Respondent: Raphael James Mwinuka
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
24 February 2021
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Outcome
application dismissed with costs
Legal Topics
Extension of Time, Stay of Execution, Accounting for Delay, Affidavit Credibility
Source Language
English
Civil Procedure Land Law Extension of Time Stay of Execution Accounting for Delay Affidavit Credibility

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Parties

Glory Shifwaya Samson

Applicant

Raphael James Mwinuka

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has shown good cause for extension of time to apply for stay of execution
  2. 2 Whether the applicant accounted for each day of delay
  3. 3 Whether affidavit evidence was credible

Ratio Decidendi

Applicant failed to account for each and every day of delay and submitted contradictory affidavit evidence, making it unsafe to exercise discretion in her favour for extension of time.

Court Disposition

application dismissed with costs

Orders

  • application dismissed
  • costs awarded to respondent