hellena kususya vs denis m msazya and another 2020 tzhclandd 6 23 march 2020

hellena kususya vs denis m msazya and another 2020 tzhclandd 6 23 march 2020

Applicant failed to provide sufficient and valid reasons for the delay, particularly failing to explain why notice of appeal was not filed along with request for ruling copies while represented by advocate; illness and advocate fee disagreement are not adequate grounds.

Citation
hellena kususya vs denis m msazya and another 2020 tzhclandd 6 23 march 2020
Parties
Applicant: Hellena Kususya; 1st Respondent: Denis M Msanzya; 2nd Respondent: NBC Bank Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
23 March 2020
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to File Notice of Appeal and Leave to Appeal
Outcome
Application dismissed with costs.
Legal Topics
Extension of Time, Appeals, Matrimonial Property, Mortgage, Dismissal for Want of Prosecution
Source Language
English
Civil Procedure Land Law Extension of Time Appeals Matrimonial Property Mortgage Dismissal for Want of Prosecution

Case Brief

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Parties

Hellena Kususya

Applicant

Denis M Msanzya

1st Respondent

NBC Bank Ltd

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time to File Notice of Appeal and Leave to Appeal

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for delay in filing notice of appeal and application for leave to appeal
  2. 2 Whether illness and advocate's fee disagreement constitute sufficient reasons for extension of time

Ratio Decidendi

Applicant failed to provide sufficient and valid reasons for the delay, particularly failing to explain why notice of appeal was not filed along with request for ruling copies while represented by advocate; illness and advocate fee disagreement are not adequate grounds.

Court Disposition

Application dismissed with costs.

Orders

  • Application for extension of time to file notice of appeal and leave to appeal is dismissed.
  • Applicant to pay costs.