MISC

MISC

Applicant failed to demonstrate sufficient cause for extension of time as he did not account for the period of delay and the alleged illegality was not sufficiently established; thus, the application is dismissed.

Citation
MISC
Parties
Applicant: Samuel Raphael Mlay; Respondent: Antony Faustin Msaky
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Exparte Judgment, Right to Be Heard, Illegality as Ground for Extension
Source Language
English
Civil Procedure Extension of Time Exparte Judgment Right to Be Heard Illegality as Ground for Extension

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 18 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Samuel Raphael Mlay

Applicant

Antony Faustin Msaky

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant demonstrated sufficient cause for extension of time to appeal
  2. 2 Whether alleged illegality in exparte judgment constitutes sufficient cause for extension

Ratio Decidendi

Applicant failed to demonstrate sufficient cause for extension of time as he did not account for the period of delay and the alleged illegality was not sufficiently established; thus, the application is dismissed.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time is dismissed
  • Respondent awarded costs