hamis said mbaraka said vs doaz ndeto 2006 tzhc 349 10 may 2006

hamis said mbaraka said vs doaz ndeto 2006 tzhc 349 10 may 2006

The applicants failed to provide sufficient reason for the inordinate delay of five years, as the delay was caused by negligence of counsel, which does not constitute sufficient cause for extension of time under established legal principles.

Citation
hamis said mbaraka said vs doaz ndeto 2006 tzhc 349 10 may 2006
Parties
Applicant: Hamis Said; Applicant: Mbaraka Said; Respondent: Doaz Ndeto
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 May 2006
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Negligence of Counsel, Leave to Appeal, Limitation of Actions
Source Language
English
Civil Procedure Extension of Time Negligence of Counsel Leave to Appeal Limitation of Actions

Case Brief

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Parties

Hamis Said

Applicant

Mbaraka Said

Applicant

Doaz Ndeto

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether sufficient reason exists to grant extension of time to file application for leave to appeal after a delay of five years
  2. 2 Whether inadvertence or negligence of counsel constitutes sufficient cause for extension of time

Ratio Decidendi

The applicants failed to provide sufficient reason for the inordinate delay of five years, as the delay was caused by negligence of counsel, which does not constitute sufficient cause for extension of time under established legal principles.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time is dismissed
  • Applicants to pay costs