paradise hotel resort ltd vs theodore n lyimo 2019 tzca 156 16 may 2019
The applicant failed to show good cause for the delay as the affidavit was discrepant, lacked key details, and was unsupported by documentation. The court found the explanation unreliable and implausible, amounting to negligence and laxity, and thus refused to exercise discretion in the applicant's favor.
- Citation
- paradise hotel resort ltd vs theodore n lyimo 2019 tzca 156 16 may 2019
- Parties
- Applicant: Paradise Holiday Resort Limited; Respondent: Theodore N. Lyimo
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 16 May 2019
- Procedural Posture
- Civil Application / Application for Extension of Time to Apply for Stay of Execution
- Outcome
- application dismissed with costs
- Legal Topics
- Extension of Time, Stay of Execution, Affidavit Evidence, Discretion of Court
- Source Language
- English
Case Brief
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Parties
Paradise Holiday Resort Limited
Applicant
Theodore N. Lyimo
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to Apply for Stay of Execution
Legal Issues
- 1 Whether the applicant has shown good cause for extension of time to apply for stay of execution
Ratio Decidendi
The applicant failed to show good cause for the delay as the affidavit was discrepant, lacked key details, and was unsupported by documentation. The court found the explanation unreliable and implausible, amounting to negligence and laxity, and thus refused to exercise discretion in the applicant's favor.
Court Disposition
application dismissed with costs
Orders
- The application for extension of time is dismissed with costs.
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