nassoro erasto mlowe another vs prosper lyaruua 2024 tzca 143 29 february 2024
Applicants failed to provide a valid reason for the delay and did not account for each day of delay as required by law. Human error and mistaken belief do not constitute good cause, and leniency or sympathy are not grounds for extension of time.
- Citation
- nassoro erasto mlowe another vs prosper lyaruua 2024 tzca 143 29 february 2024
- Parties
- Applicant: Nassoro Erasto M Lowe; Applicant: Riziki Isaya; Respondent: Prosper Lyaruu
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 29 February 2024
- Procedural Posture
- Civil Application / Ruling on Application for Extension of Time
- Outcome
- application dismissed
- Legal Topics
- Extension of Time, Service of Notice of Appeal, Court Discretion
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Nassoro Erasto M Lowe
Applicant
Riziki Isaya
Applicant
Prosper Lyaruu
Respondent
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the applicants have shown good cause for extension of time to serve the notice of appeal on the respondent
- 2 Whether the applicants have accounted for each day of delay as required by law
Ratio Decidendi
Applicants failed to provide a valid reason for the delay and did not account for each day of delay as required by law. Human error and mistaken belief do not constitute good cause, and leniency or sympathy are not grounds for extension of time.
Court Disposition
application dismissed
Orders
- Application dismissed with costs.
Full Case Text
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