leonsi silayo ngalai vs hon justine alfred salanana and the another 1997 tzca 79 28 october 1997

leonsi silayo ngalai vs hon justine alfred salanana and the another 1997 tzca 79 28 october 1997

The applicant failed to provide sufficient cause for the delay or omission in serving the notice of appeal and instituting the appeal, and failed to comply with the mandatory procedural requirements under the Court of Appeal Rules. The explanations given were unsupported by admissible evidence and contradicted by the applicant's prior conduct. Consequently, the application for extension of time was refused and the notice of appeal was struck out.

Citation
leonsi silayo ngalai vs hon justine alfred salanana and the another 1997 tzca 79 28 october 1997
Parties
Applicant: Leonsi Silayo Ngalai; First Respondent: Hon. Justine Alfred Salakana, M.P.; Second Respondent: The Hon. Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
28 October 1997
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Outcome
Application dismissed; notice of appeal struck out; costs to applicant.
Legal Topics
Extension of Time, Service of Notice of Appeal, Striking Out Notice of Appeal
Source Language
English
Civil Procedure Appellate Practice Extension of Time Service of Notice of Appeal Striking Out Notice of Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Leonsi Silayo Ngalai

Applicant

Hon. Justine Alfred Salakana, M.P.

First Respondent

The Hon. Attorney General

Second Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether sufficient cause was shown to grant extension of time to serve notice of appeal on the first respondent
  2. 2 Whether sufficient cause was shown to grant extension of time to institute the appeal
  3. 3 Whether the notice of appeal should be struck out for failure to comply with procedural requirements

Ratio Decidendi

The applicant failed to provide sufficient cause for the delay or omission in serving the notice of appeal and instituting the appeal, and failed to comply with the mandatory procedural requirements under the Court of Appeal Rules. The explanations given were unsupported by admissible evidence and contradicted by the applicant's prior conduct. Consequently, the application for extension of time was refused and the notice of appeal was struck out.

Court Disposition

Application dismissed; notice of appeal struck out; costs to applicant.

Orders

  • Application for extension of time to serve notice of appeal on first respondent refused.
  • Application for extension of time to institute appeal refused.