pius damian vs stella martin 2023 tzhc 22932 24 november 2023

pius damian vs stella martin 2023 tzhc 22932 24 november 2023

Applicant failed to establish and prove sufficient cause for delay, as the asserted sickness was not substantiated with evidence, and financial hardship and illegality were not properly raised in the affidavit. Each day of delay was not accounted for, rendering the application fatally defective.

Citation
pius damian vs stella martin 2023 tzhc 22932 24 november 2023
Parties
Applicant: Pius Damian; Respondent: Stella Martini
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 November 2023
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome
Application dismissed
Legal Topics
Extension of Time, Ex Parte Judgment, Affidavit Evidence, Written Submissions
Source Language
English
Land Law Civil Procedure Extension of Time Ex Parte Judgment Affidavit Evidence Written Submissions

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Parties

Pius Damian

Applicant

Stella Martini

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether sufficient cause was demonstrated for extension of time to appeal
  2. 2 Whether sickness of applicant's mother constitutes good cause for delay
  3. 3 Whether financial hardship and alleged illegality can be considered as grounds for extension

Ratio Decidendi

Applicant failed to establish and prove sufficient cause for delay, as the asserted sickness was not substantiated with evidence, and financial hardship and illegality were not properly raised in the affidavit. Each day of delay was not accounted for, rendering the application fatally defective.

Court Disposition

Application dismissed

Orders

  • No costs awarded due to respondent's default in filing written submissions