elikana charles magubu and another vs julias maliganya 2023 tzhc 18591 30 june 2023

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

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 16 Party arguments 2
Sign in to unlock

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

  1. 1 Whether sufficient cause exists to extend time for filing appeal against judgment in probate matter
  2. 2 Whether delay was justified by seeking legal assistance
  3. 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