20080708 TZCA Mbeya

20080708 TZCA Mbeya

The applicant failed to show sufficient reason for the delay, as inaction and inadvertence of counsel do not justify extension of time. Delay in obtaining proceedings does not excuse non-compliance with procedural rules when applicant was represented by counsel.

Citation
20080708 TZCA Mbeya
Parties
Applicant: Mtokambali Masalaga; Respondent: Edward Mogha
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
8 July 2008
Procedural Posture
Civil Application / Application for Extension of Time and Leave to Appeal
Outcome
application dismissed with costs
Legal Topics
Extension of Time, Leave to Appeal, Abuse of Process
Source Language
English
Civil Procedure Extension of Time Leave to Appeal Abuse of Process

Case Brief

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Parties

Mtokambali Masalaga

Applicant

Edward Mogha

Respondent

Procedural Posture

Civil Application / Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 Whether sufficient reason exists to extend time for filing application for leave to appeal
  2. 2 Whether inaction or inadvertence of counsel constitutes sufficient reason for extension of time
  3. 3 Whether the notice of appeal was struck out with the previous application

Ratio Decidendi

The applicant failed to show sufficient reason for the delay, as inaction and inadvertence of counsel do not justify extension of time. Delay in obtaining proceedings does not excuse non-compliance with procedural rules when applicant was represented by counsel.

Court Disposition

application dismissed with costs

Orders

  • application dismissed
  • costs awarded to respondent