nicholaus kilapilo vs grace mwakabenga 2021 tzhc 4240 30 july 2021

Applicant failed to account for each day of delay and did not provide material evidence of alleged illegalities or sufficient cause for extension; application dismissed.

Citation: nicholaus kilapilo vs grace mwakabenga 2021 tzhc 4240 30 july 2021
Parties: Applicant: Nicholaus Kilapilo; Respondent: Grace Mwakabenga
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 30 July 2021
Procedural Posture: Misc. Civil Application / Ruling on Application for Extension of Time
Outcome: Application dismissed with costs
Legal Topics: Extension of Time, Ex Parte Decree, Illegality, Estoppel, Condemned Unheard
Source Language: English

Civil Procedure Probate Extension of Time Ex Parte Decree Illegality Estoppel Condemned Unheard

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Parties

Nicholaus Kilapilo

Applicant

Grace Mwakabenga

Respondent

Procedural Posture

Misc. Civil Application / Ruling on Application for Extension of Time

Legal Issues

1 Whether the applicant has accounted for every day of the delay
2 Whether the applicant has established illegality in the decision intended to be challenged
3 Whether the applicant has assigned good cause for extension of time

Ratio Decidendi

Applicant failed to account for each day of delay and did not provide material evidence of alleged illegalities or sufficient cause for extension; application dismissed.

Court Disposition

Application dismissed with costs

Orders

Application for extension of time dismissed
Applicant to pay costs