20000616 TZHC Dar es Salaam 1

20000616 TZHC Dar es Salaam 1

The applicant failed to file the application within the extended time and provided no explanation for the delay; such conduct amounts to abuse of process and warrants striking out the application for lack of prosecution.

Citation
20000616 TZHC Dar es Salaam 1
Parties
Appellant: Hwiyuma Mussa; Respondent: Kassim Hemed Maggom
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 June 2000
Procedural Posture
Civil Appeal / Ruling on Application for Leave to Appeal
Outcome
application struck out for lack of prosecution with costs
Legal Topics
Extension of Time, Leave to Appeal, Abuse of Process
Source Language
English
Civil Procedure Extension of Time Leave to Appeal Abuse of Process

Case Brief

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Parties

Hwiyuma Mussa

Appellant

Kassim Hemed Maggom

Respondent

Procedural Posture

Civil Appeal / Ruling on Application for Leave to Appeal

Legal Issues

  1. 1 Whether the applicant provided sufficient explanation for delay in filing application for leave to appeal
  2. 2 Whether the application should be struck out for lack of prosecution

Ratio Decidendi

The applicant failed to file the application within the extended time and provided no explanation for the delay; such conduct amounts to abuse of process and warrants striking out the application for lack of prosecution.

Court Disposition

application struck out for lack of prosecution with costs

Orders

  • application for leave to appeal to the Court of Appeal is struck out
  • costs awarded to respondent