praygod mbaga vs government of kenya criminal investigation departnment another 2019 tzca 155 10 april 2019

praygod mbaga vs government of kenya criminal investigation departnment another 2019 tzca 155 10 april 2019

The applicant failed to show good cause for the delay, particularly by not explaining the 16-day delay in lodging the application after the previous reference was struck out. Mere background does not amount to good cause, and unexplained delay is unreasonable.

Citation
praygod mbaga vs government of kenya criminal investigation departnment another 2019 tzca 155 10 april 2019
Parties
Applicant: Praygod Mbaga; 1st Respondent: Government of Kenya Criminal Investigation Department; 2nd Respondent: The Hon. Attorney General of Tanzania
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
10 April 2019
Procedural Posture
Civil Application / Application for Extension of Time to File Civil Reference
Outcome
dismissed with costs
Legal Topics
Extension of Time, Reference From Single Judge Decision, Good Cause Requirement, Unexplained Delay
Source Language
English
Civil Procedure Extension of Time Reference From Single Judge Decision Good Cause Requirement Unexplained Delay

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Parties

Praygod Mbaga

Applicant

Government of Kenya Criminal Investigation Department

1st Respondent

The Hon. Attorney General of Tanzania

2nd Respondent

Procedural Posture

Civil Application / Application for Extension of Time to File Civil Reference

Legal Issues

  1. 1 Whether the applicant has shown good cause for extension of time to file a civil reference against the decision of a single judge

Ratio Decidendi

The applicant failed to show good cause for the delay, particularly by not explaining the 16-day delay in lodging the application after the previous reference was struck out. Mere background does not amount to good cause, and unexplained delay is unreasonable.

Court Disposition

dismissed with costs

Orders

  • Application dismissed with costs.