meshack kifanta kyando vs korosho africa ltd and 2 others 2023 tzhc 16241 22 march 2023

meshack kifanta kyando vs korosho africa ltd and 2 others 2023 tzhc 16241 22 march 2023

The applicant failed to show good cause for the delay and did not account for the entire period of delay. The alleged discovery of new evidence is not a valid ground for review at the appellate stage. The grounds for extension were not properly pleaded in the affidavit, and the application is therefore without merit.

Citation
meshack kifanta kyando vs korosho africa ltd and 2 others 2023 tzhc 16241 22 march 2023
Parties
Applicant: Meshack Kifanta Kyando; 1st Respondent: Korosho Africa Ltd; 2nd Respondent: Erick Kamnde; 3rd Respondent: Ally Salum
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 March 2023
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time to File Review
Outcome
Application dismissed
Legal Topics
Extension of Time, Review of Judgment, Discovery of New Evidence, Appellate Procedure
Source Language
English
Civil Procedure Extension of Time Review of Judgment Discovery of New Evidence Appellate Procedure

Case Brief

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Parties

Meshack Kifanta Kyando

Applicant

Korosho Africa Ltd

1st Respondent

Erick Kamnde

2nd Respondent

Ally Salum

3rd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time to File Review

Legal Issues

  1. 1 Whether the applicant has shown good cause for extension of time to file review against the judgment in DC. Civil Appeal No. 2/2022
  2. 2 Whether discovery of new evidence is a valid ground for review at the appellate stage

Ratio Decidendi

The applicant failed to show good cause for the delay and did not account for the entire period of delay. The alleged discovery of new evidence is not a valid ground for review at the appellate stage. The grounds for extension were not properly pleaded in the affidavit, and the application is therefore without merit.

Court Disposition

Application dismissed

Orders

  • Application for extension of time to file review is dismissed