ntuta wailes vs james elias nzunda others 2023 tzca 53 24 february 2023

ntuta wailes vs james elias nzunda others 2023 tzca 53 24 february 2023

The applicant failed to show good cause for the delay in filing the intended appeal, as ignorance of law and lack of diligence are not acceptable reasons, and he did not account for each day of delay after the prescribed period lapsed.

Citation
ntuta wailes vs james elias nzunda others 2023 tzca 53 24 february 2023
Parties
Applicant: Ntuta Wailes; 1st Respondent: James Elias Nzunda; 2nd Respondent: Elina James Mtela; 3rd Respondent: Christa Elias Nzunda; 4th Respondent: Yona Yasambi
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
24 February 2023
Procedural Posture
Civil Application / Application for Extension of Time to Appeal
Outcome
application dismissed with costs
Legal Topics
Extension of Time, Appeals, Good Cause for Delay
Source Language
English
Civil Procedure Land Law Extension of Time Appeals Good Cause for Delay

Case Brief

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Parties

Ntuta Wailes

Applicant

James Elias Nzunda

1st Respondent

Elina James Mtela

2nd Respondent

Christa Elias Nzunda

3rd Respondent

Yona Yasambi

4th Respondent

Procedural Posture

Civil Application / Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether the applicant has shown good and sufficient cause for extension of time to file an appeal out of time
  2. 2 Whether ignorance of law and lack of diligence constitute good cause for delay

Ratio Decidendi

The applicant failed to show good cause for the delay in filing the intended appeal, as ignorance of law and lack of diligence are not acceptable reasons, and he did not account for each day of delay after the prescribed period lapsed.

Court Disposition

application dismissed with costs

Orders

  • Application for extension of time is dismissed with costs.