ramadhani kipanga another vs peter peter junior another 2019 tzca 209 25 july 2019

ramadhani kipanga another vs peter peter junior another 2019 tzca 209 25 july 2019

The applicants failed to demonstrate any good cause for delay as the alleged illegality was not specified or apparent on the face of the record, and the affidavit did not highlight any such illegality.

Citation
ramadhani kipanga another vs peter peter junior another 2019 tzca 209 25 july 2019
Parties
Applicant: Ramadhani Kipanga; Applicant: Sugu Kipanga; Respondent: Peter Peter Junior; Respondent: Mwinyihirita Ayubu Jembe
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
25 July 2019
Procedural Posture
Application for Extension of Time / Ruling on Application for Extension of Time to Appeal
Outcome
application dismissed with costs
Legal Topics
Extension of Time, Illegality as Ground for Extension, Requirements for Affidavit in Support of Application
Source Language
English
Civil Procedure Extension of Time Illegality as Ground for Extension Requirements for Affidavit in Support of Application

Case Brief

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Parties

Ramadhani Kipanga

Applicant

Sugu Kipanga

Applicant

Peter Peter Junior

Respondent

Mwinyihirita Ayubu Jembe

Respondent

Procedural Posture

Application for Extension of Time / Ruling on Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether the applicants demonstrated good cause for delay to warrant extension of time to appeal
  2. 2 Whether unspecified allegations of illegality constitute sufficient ground for extension of time

Ratio Decidendi

The applicants failed to demonstrate any good cause for delay as the alleged illegality was not specified or apparent on the face of the record, and the affidavit did not highlight any such illegality.

Court Disposition

application dismissed with costs

Orders

  • application dismissed
  • costs awarded to respondents