rosemary katunzi vs oscar mhagama another 2023 tzca 17556 29 august 2023

rosemary katunzi vs oscar mhagama another 2023 tzca 17556 29 august 2023

Applicant failed to account for all periods of delay, including unexplained lapses, and alleged illegalities were not apparent on the face of the record; therefore, no sufficient cause was established for extension of time.

Citation
rosemary katunzi vs oscar mhagama another 2023 tzca 17556 29 august 2023
Parties
Applicant: Rosemary Katunzi; 1st Respondent: Oscar Mhagama; 2nd Respondent: Sekunda Mhagama
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
29 August 2023
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Outcome
Application dismissed with costs.
Legal Topics
Extension of Time, Technical Delay, Illegality as Ground for Extension, Appeals, Review Proceedings
Source Language
English

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Parties

Rosemary Katunzi

Applicant

Oscar Mhagama

1st Respondent

Sekunda Mhagama

2nd Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

  1. 1 Whether applicant demonstrated sufficient cause for extension of time to file notice of appeal
  2. 2 Whether technical delay and alleged illegalities constitute good cause for extension

Ratio Decidendi

Applicant failed to account for all periods of delay, including unexplained lapses, and alleged illegalities were not apparent on the face of the record; therefore, no sufficient cause was established for extension of time.

Court Disposition

Application dismissed with costs.

Orders

  • Application for extension of time to file notice of appeal is dismissed.
  • Applicant to pay costs.