margareth mukasa vs akiba commercial bank ltd 4 others 2022 tzhclandd 12671 7 december 2022
Applicant failed to show good cause for extension of time as required by law. The alleged illegality was not apparent on the face of the record and could not be addressed in the intended application for leave. The sickness ground was not substantiated with specific evidence showing how it contributed to the delay. The applicant failed to account for each day of delay, and the reasons advanced were too casual. Reluctance of advocate and delay in obtaining documents did not justify the delay.
- Citation
- margareth mukasa vs akiba commercial bank ltd 4 others 2022 tzhclandd 12671 7 december 2022
- Parties
- Applicant: Margareth Mukasa; 1st Respondent: Akiba Commercial Bank Ltd; 2nd Respondent: Viovena Company Ltd; 3rd Respondent: Gidion William Shirima; 4th Respondent: Star Media (T) Limited; 5th Respondent: Ephania Samson Ruhanyala
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 7 December 2022
- Procedural Posture
- Land Application / Ruling on Application for Extension of Time to File Leave to Appeal
- Outcome
- Application dismissed
- Legal Topics
- Extension of Time, Leave to Appeal, Illegality as Ground for Extension, Delay in Obtaining Judgment and Decree, Sickness as Ground for Delay
- Source Language
- English
Case Brief
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Parties
Margareth Mukasa
Applicant
Akiba Commercial Bank Ltd
1st Respondent
Viovena Company Ltd
2nd Respondent
Gidion William Shirima
3rd Respondent
Star Media (T) Limited
4th Respondent
Ephania Samson Ruhanyala
5th Respondent
Procedural Posture
Land Application / Ruling on Application for Extension of Time to File Leave to Appeal
Legal Issues
- 1 Whether the applicant has shown good cause for extension of time to file leave to appeal
- 2 Whether delay in obtaining judgment and decree constitutes good cause
- 3 Whether sickness constitutes good cause for delay
Ratio Decidendi
Applicant failed to show good cause for extension of time as required by law. The alleged illegality was not apparent on the face of the record and could not be addressed in the intended application for leave. The sickness ground was not substantiated with specific evidence showing how it contributed to the delay. The applicant failed to account for each day of delay, and the reasons advanced were too casual. Reluctance of advocate and delay in obtaining documents did not justify the delay.
Court Disposition
Application dismissed
Full Case Text
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