elikana charles magubu and another vs julias maliganya 2023 tzhc 18591 30 june 2023
Applicants failed to account for each day of delay; delay was inordinate; seeking legal assistance and time spent by advocate do not constitute sufficient cause; application lacks merit.
- Citation
- elikana charles magubu and another vs julias maliganya 2023 tzhc 18591 30 june 2023
- Parties
- 1st Applicant: Elikana Charles Magubu; 2nd Applicant: Laurent Charles Magubu; Respondent: Julias Maliganya
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 30 June 2023
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Application for Extension of Time
- Outcome
- Application dismissed
- Legal Topics
- Extension of Time, Appeals, Letters of Administration, Negligence, Right to Legal Representation
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Elikana Charles Magubu
1st Applicant
Laurent Charles Magubu
2nd Applicant
Julias Maliganya
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether sufficient cause exists to extend time for filing appeal against judgment in probate matter
- 2 Whether delay was justified by seeking legal assistance
- 3 Whether applicants accounted for each day of delay
Ratio Decidendi
Applicants failed to account for each day of delay; delay was inordinate; seeking legal assistance and time spent by advocate do not constitute sufficient cause; application lacks merit.
Court Disposition
Application dismissed
Orders
- No orders as to cost
- Right of appeal explained to parties
Full Case Text
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