20060510 TZHC Mwanza

Negligence and inadvertence of counsel, without acceptable explanation and in the absence of rare and peculiar circumstances, do not constitute sufficient reason to grant extension of time after a five-year delay. The conduct of the applicants and their counsel was reckless, and no reasonable court would grant the application in such circumstances.

Citation: 20060510 TZHC Mwanza
Parties: Applicant: Hamis Said; Applicant: Mbaraka Said; Respondent: Doaz Ndetto
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 10 May 2006
Procedural Posture: Application for Extension of Time to File Application for Leave to Appeal / Ruling on Application for Extension of Time
Outcome: Application dismissed with costs
Legal Topics: Extension of Time, Leave to Appeal, Negligence of Counsel
Source Language: English

Civil Procedure Extension of Time Leave to Appeal Negligence of Counsel

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Parties

Hamis Said

Applicant

Mbaraka Said

Applicant

Doaz Ndetto

Respondent

Procedural Posture

Application for Extension of Time to File Application for Leave to Appeal / Ruling on Application for Extension of Time

Legal Issues

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

Ratio Decidendi

Court Disposition

Application dismissed with costs

Orders

Application for extension of time to file application for leave to appeal is dismissed with costs.