hadija athumani vs mkama lwero 2007 tzhc 182 18 september 2007

hadija athumani vs mkama lwero 2007 tzhc 182 18 september 2007

The applicant failed to provide sufficient evidence or explanation for the inordinate delay in filing the application for leave to appeal out of time; absence of supporting documents and lack of diligence led to dismissal of the application.

Citation
hadija athumani vs mkama lwero 2007 tzhc 182 18 september 2007
Parties
Applicant: Hadija Athumani; Respondent: Mkama Lwero
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 September 2007
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Leave to Appeal Out of Time
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Leave to Appeal, Probate Appeals
Source Language
English
Civil Procedure Extension of Time Leave to Appeal Probate Appeals

Case Brief

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Parties

Hadija Athumani

Applicant

Mkama Lwero

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Leave to Appeal Out of Time

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file an appeal out of time

Ratio Decidendi

The applicant failed to provide sufficient evidence or explanation for the inordinate delay in filing the application for leave to appeal out of time; absence of supporting documents and lack of diligence led to dismissal of the application.

Court Disposition

Application dismissed with costs

Orders

  • Application for leave to appeal out of time is dismissed
  • Applicant to pay costs