john kamil mariwa vs crdb bank plcand two others 2023 tzhc 16486 31 march 2023
The appellant failed to account for the entire period of delay and did not act diligently after discharge from hospital. The medical evidence did not support continuous incapacity, and the affidavit contained contradictions. The delay was inordinate and not justified by the reasons advanced.
Source-derived case information.
- Citation
- john kamil mariwa vs crdb bank plcand two others 2023 tzhc 16486 31 march 2023
- Parties
- Appellant: John Kamili Mariwa; 1st Respondent: CRDB Bank PLC; 2nd Respondent: Joyce John Mariwa; 3rd Respondent: Nkaya Company Limited
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 31 March 2023
- Procedural Posture
- Land Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Extension of Time, Good Cause for Delay, Affidavit Credibility, Diligence in Prosecution
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Kamili Mariwa
Appellant
CRDB Bank PLC
1st Respondent
Joyce John Mariwa
2nd Respondent
Nkaya Company Limited
3rd Respondent
Procedural Posture
Land Appeal / Judgment
Legal Issues
- 1 Whether the appellant adduced good cause for delay to warrant extension of time
- 2 Whether sickness constituted sufficient reason for the delay in filing the application
Ratio Decidendi
The appellant failed to account for the entire period of delay and did not act diligently after discharge from hospital. The medical evidence did not support continuous incapacity, and the affidavit contained contradictions. The delay was inordinate and not justified by the reasons advanced.
Court Disposition
appeal dismissed
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