lilian daud vs magembe joseph 2022 tzhc 14318 31 october 2022
The applicant failed to establish sufficient cause for delay as her affidavit was found to contain falsehoods regarding her illness, and the alleged illegality was neither apparent on the face of the record nor raised in the affidavit. Therefore, the application for extension of time was dismissed.
- Citation
- lilian daud vs magembe joseph 2022 tzhc 14318 31 october 2022
- Parties
- Applicant: Lilian Daud; Respondent: Magembe Joseph
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 31 October 2022
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Application for Extension of Time
- Outcome
- application dismissed with costs
- Legal Topics
- Extension of Time, Affidavit Credibility, Sufficient Cause for Delay, Illegality as Ground for Extension
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Lilian Daud
Applicant
Magembe Joseph
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the applicant adduced sufficient reason for delay in filing an appeal
- 2 Whether sickness and alleged illegality constitute sufficient grounds for extension of time
Ratio Decidendi
The applicant failed to establish sufficient cause for delay as her affidavit was found to contain falsehoods regarding her illness, and the alleged illegality was neither apparent on the face of the record nor raised in the affidavit. Therefore, the application for extension of time was dismissed.
Court Disposition
application dismissed with costs
Orders
- Application for extension of time is dismissed with costs.
Full Case Text
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