prosper thomas ulomi versus angela lucas hoyya administrator of the estate of the late bryceson shabameshak ndoje another 2023 tzhc 22335 27 october 2023

prosper thomas ulomi versus angela lucas hoyya administrator of the estate of the late bryceson shabameshak ndoje another 2023 tzhc 22335 27 october 2023

The applicant failed to establish sufficient cause for the delay, particularly for the ten-day period after expiry of time, as neither sickness nor financial constraints were adequately proved. The medical report was insufficient to establish admission or incapacity, and financial constraints lacked corroborating evidence. Technical delay was accounted for, but the initial delay was not.

Citation
prosper thomas ulomi versus angela lucas hoyya administrator of the estate of the late bryceson shabameshak ndoje another 2023 tzhc 22335 27 october 2023
Parties
Applicant: Prosper Thomas Ulomi; 1st Respondent: Angela Lucas Hoyya (Administrator of the estate of the late Bryceson Shabameshak Ndoje); 2nd Respondent: Sanlam General Insurance Company
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 October 2023
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Leave to Appeal, Appellate Jurisdiction, Technical Delay, Sufficient Cause
Source Language
English
Civil Procedure Extension of Time Leave to Appeal Appellate Jurisdiction Technical Delay Sufficient Cause

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 15 Party arguments 2
Sign in to unlock

Parties

Prosper Thomas Ulomi

Applicant

Angela Lucas Hoyya (Administrator of the estate of the late Bryceson Shabameshak Ndoje)

1st Respondent

Sanlam General Insurance Company

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has demonstrated good or sufficient cause for extension of time to file an application for leave to appeal

Ratio Decidendi

The applicant failed to establish sufficient cause for the delay, particularly for the ten-day period after expiry of time, as neither sickness nor financial constraints were adequately proved. The medical report was insufficient to establish admission or incapacity, and financial constraints lacked corroborating evidence. Technical delay was accounted for, but the initial delay was not.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time dismissed
  • Costs awarded to respondents