josephina a kalalu vs isaac michael mallya 2010 tzca 72 5 may 2010
The applicant failed to show any reason in her affidavit for the delay in filing her notice of intention to appeal and application for leave to appeal. The reasons provided in the High Court were found insufficient and not excusable. Therefore, the Court declined to exercise its discretion to grant the extension of time.
- Citation
- josephina a kalalu vs isaac michael mallya 2010 tzca 72 5 may 2010
- Parties
- Applicant: Josephina A. Kalalu; Respondent: Isaac Michael Mallya
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 5 May 2010
- Procedural Posture
- Civil Application / Ruling on Application for Extension of Time
- Outcome
- Application dismissed with costs
- Legal Topics
- Extension of Time, Appeals, Court Discretion
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Josephina A. Kalalu
Applicant
Isaac Michael Mallya
Respondent
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the applicant has shown sufficient reason for extension of time to file notice of intention to appeal and application for leave to appeal out of time
Ratio Decidendi
The applicant failed to show any reason in her affidavit for the delay in filing her notice of intention to appeal and application for leave to appeal. The reasons provided in the High Court were found insufficient and not excusable. Therefore, the Court declined to exercise its discretion to grant the extension of time.
Court Disposition
Application dismissed with costs
Orders
- Application for extension of time is dismissed
- Costs awarded to the respondent
Full Case Text
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