Joha Lukwaila vs Nasib Daudi Civil Application No 6111 of 2021 2023 TZCA 17684 2 October 2023
The applicant failed to account for each day of delay after being supplied with the necessary documents and certificate of delay, and did not demonstrate diligence or good cause as required by law. The missing documents were not part of the relevant record, and the application was therefore without merit.
- Citation
- Joha Lukwaila vs Nasib Daudi Civil Application No 6111 of 2021 2023 TZCA 17684 2 October 2023
- Parties
- Applicant: Joha Lukwaila; Respondent: Nasib Daidi
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 2 October 2023
- Procedural Posture
- Civil Application / Ruling on Application for Extension of Time to Appeal
- Outcome
- Application dismissed with costs
- Legal Topics
- Extension of Time, Appeal Procedure, Good Cause for Delay
- Source Language
- English
Case Brief
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Parties
Joha Lukwaila
Applicant
Nasib Daidi
Respondent
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to Appeal
Legal Issues
- 1 Whether the applicant demonstrated good cause for extension of time to appeal
- 2 Whether failure to obtain certain documents justified the delay
Ratio Decidendi
The applicant failed to account for each day of delay after being supplied with the necessary documents and certificate of delay, and did not demonstrate diligence or good cause as required by law. The missing documents were not part of the relevant record, and the application was therefore without merit.
Court Disposition
Application dismissed with costs
Orders
- Application for extension of time to appeal is dismissed with costs
Full Case Text
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