19891205 TZHC Dar es Salaam
Applicant failed to substantiate illness with evidence and did not demonstrate sufficient cause for delay; intended appeal lacked prospects of success based on evidence on record.
- Citation
- 19891205 TZHC Dar es Salaam
- Parties
- Applicant: John Mgoboluni; Respondent: Ally Lugunga
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 5 December 1989
- Procedural Posture
- Civil Application / Application for Leave to Appeal Out of Time
- Outcome
- application dismissed with costs
- Legal Topics
- Extension of Time, Appeal Process, Delay in Filing Appeal
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
John Mgoboluni
Applicant
Ally Lugunga
Respondent
Procedural Posture
Civil Application / Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant has shown sufficient cause for delay to file appeal out of time
- 2 Whether the intended appeal has prospects of success
Ratio Decidendi
Applicant failed to substantiate illness with evidence and did not demonstrate sufficient cause for delay; intended appeal lacked prospects of success based on evidence on record.
Court Disposition
application dismissed with costs
Orders
- application dismissed
- costs awarded to respondent
Full Case Text
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