jonathan sikay vs damiano richard 2015 tzhc 2046 29 october 2015

jonathan sikay vs damiano richard 2015 tzhc 2046 29 october 2015

The applicant failed to provide sufficient and credible reasons for the delay, did not prove the alleged illness of his child, and did not account for the delay of over five months. The likelihood of success of the intended appeal was not established, and there was no substantial miscarriage of justice to warrant extension of time.

Citation
jonathan sikay vs damiano richard 2015 tzhc 2046 29 october 2015
Parties
Applicant: Jonathan Sikay; Respondent: Damiano Richard
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 October 2015
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Leave to Appeal, Appeal Procedure, Delay Justification
Source Language
English
Civil Procedure Land Law Extension of Time Leave to Appeal Appeal Procedure Delay Justification

Case Brief

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Parties

Jonathan Sikay

Applicant

Damiano Richard

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to apply for leave to appeal
  2. 2 Whether the delay was justified and properly accounted for

Ratio Decidendi

The applicant failed to provide sufficient and credible reasons for the delay, did not prove the alleged illness of his child, and did not account for the delay of over five months. The likelihood of success of the intended appeal was not established, and there was no substantial miscarriage of justice to warrant extension of time.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time is dismissed with costs