hafife said vs dotto j ndagala and another 2022 tzhc 15568 15 december 2022

hafife said vs dotto j ndagala and another 2022 tzhc 15568 15 december 2022

The applicant failed to provide a consistent and sufficient explanation for the delay, and the affidavit was found incompetent due to contradictions with submissions. Therefore, no sufficient cause was established for extension of time.

Citation
hafife said vs dotto j ndagala and another 2022 tzhc 15568 15 december 2022
Parties
Applicant: Hafife Said; 1st Respondent: Dotto J. Ndagala; 2nd Respondent: BabuAlly S. Ndagala
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 December 2022
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application dismissed
Legal Topics
Extension of Time, Sufficient Cause, Affidavit Competency, Appeals Process
Source Language
English
Civil Procedure Probate and Administration Extension of Time Sufficient Cause Affidavit Competency Appeals Process

Case Brief

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Parties

Hafife Said

Applicant

Dotto J. Ndagala

1st Respondent

BabuAlly S. Ndagala

2nd Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to appeal
  2. 2 Whether the applicant's affidavit is competent

Ratio Decidendi

The applicant failed to provide a consistent and sufficient explanation for the delay, and the affidavit was found incompetent due to contradictions with submissions. Therefore, no sufficient cause was established for extension of time.

Court Disposition

Application dismissed

Orders

  • Application dismissed for lack of merit
  • No order as to costs