20080813 TZHC Arusha

20080813 TZHC Arusha

Applicant failed to show sufficient cause for delay as reasons advanced were unconvincing, demonstrated indifference, and the alleged prospects of success were based on a false contention already considered and rejected by the appellate court.

Citation
20080813 TZHC Arusha
Parties
Applicant: Olympa Lema; Respondent: Abdallah Juma
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
13 August 2008
Procedural Posture
Misc. Civil Application / Ruling on Application for Extension of Time
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Notice of Appeal, Sufficient Cause, Judicial Discretion
Source Language
English
Civil Procedure Appellate Practice Extension of Time Notice of Appeal Sufficient Cause Judicial Discretion

Case Brief

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Parties

Olympa Lema

Applicant

Abdallah Juma

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file notice of intention to appeal
  2. 2 Whether prospects of success of the intended appeal justify extension

Ratio Decidendi

Applicant failed to show sufficient cause for delay as reasons advanced were unconvincing, demonstrated indifference, and the alleged prospects of success were based on a false contention already considered and rejected by the appellate court.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time is dismissed
  • Applicant to pay costs