isaya swai vs greven ngumuo 2018 tzhc 2834 25 may 2018

isaya swai vs greven ngumuo 2018 tzhc 2834 25 may 2018

The applicant failed to provide sufficient and convincing reasons for the inordinate delay of approximately three years in filing the notice of intention to appeal. Alleged out-of-court settlement was unsupported by evidence or a deed of settlement. The applicant did not account for each day of delay, and his conduct demonstrated negligence and lack of diligence. Ignorance of law and unsubstantiated claims cannot constitute sufficient cause for extension of time.

Citation
isaya swai vs greven ngumuo 2018 tzhc 2834 25 may 2018
Parties
Applicant: Isaya Swai; Respondent: Greven Ngumuo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
25 May 2018
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Appeal Process, Sufficient Cause for Delay, Settlement Procedures, Division of Matrimonial Property
Source Language
English
Civil Procedure Family Law Appellate Practice Extension of Time Appeal Process Sufficient Cause for Delay Settlement Procedures Division of Matrimonial Property

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Parties

Isaya Swai

Applicant

Greven Ngumuo

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file notice of intention to appeal out of time
  2. 2 Whether the applicant accounted for each day of delay
  3. 3 Whether alleged out-of-court settlement constitutes sufficient reason for delay

Ratio Decidendi

The applicant failed to provide sufficient and convincing reasons for the inordinate delay of approximately three years in filing the notice of intention to appeal. Alleged out-of-court settlement was unsupported by evidence or a deed of settlement. The applicant did not account for each day of delay, and his conduct demonstrated negligence and lack of diligence. Ignorance of law and unsubstantiated claims cannot constitute sufficient cause for extension of time.

Court Disposition

Application dismissed with costs

Orders

  • Misc. Civil Application No. 297 of 2017 is dismissed with costs