mzee mohammed akida others vs low shek kon others 2023 tzca 36 21 february 2023

mzee mohammed akida others vs low shek kon others 2023 tzca 36 21 february 2023

Applicants failed to establish good cause for extension of time; advocate's negligence and lack of intern's affidavit rendered the explanation insufficient; ignorance of law is not a defence; application dismissed.

Citation
mzee mohammed akida others vs low shek kon others 2023 tzca 36 21 february 2023
Parties
Applicant: Mzee Mohammed Akida; Applicant: Salum Mohammed Akida; Applicant: Mariam Mohammed Akida; Applicant: Idd Mohammed Akida; Applicant: Salama Mohammed Akida; Applicant: Abdulrahamani Ally Twalib; Applicant: Wahida Mohammed Ally Twalib; Applicant: Khadija Hussein Ally Twalib; Respondent: Low Shek Ko; Respondent: Subhash Mawji; Respondent: Oil Com. Co Ltd
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
21 February 2023
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Outcome
application dismissed with costs
Legal Topics
Extension of Time, Service of Notice of Appeal, Court of Appeal Rules
Source Language
English
Civil Procedure Extension of Time Service of Notice of Appeal Court of Appeal Rules

Case Brief

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Parties

Mzee Mohammed Akida

Applicant

Salum Mohammed Akida

Applicant

Mariam Mohammed Akida

Applicant

Idd Mohammed Akida

Applicant

Salama Mohammed Akida

Applicant

Abdulrahamani Ally Twalib

Applicant

Wahida Mohammed Ally Twalib

Applicant

Khadija Hussein Ally Twalib

Applicant

Low Shek Ko

Respondent

Subhash Mawji

Respondent

Oil Com. Co Ltd

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether good cause was shown for extension of time to serve notice of appeal
  2. 2 Whether failure by intern constitutes sufficient reason for delay

Ratio Decidendi

Applicants failed to establish good cause for extension of time; advocate's negligence and lack of intern's affidavit rendered the explanation insufficient; ignorance of law is not a defence; application dismissed.

Court Disposition

application dismissed with costs

Orders

  • application dismissed
  • costs awarded to respondents