selemani juma masala vs sylivester paul mosha another 2022 tzca 565 22 september 2022

selemani juma masala vs sylivester paul mosha another 2022 tzca 565 22 september 2022

The applicant failed to demonstrate good cause for the delay, did not provide supporting affidavits for key assertions, and did not account for each day of delay; the Single Justice properly exercised discretion and there was no basis to interfere with her decision.

Citation
selemani juma masala vs sylivester paul mosha another 2022 tzca 565 22 september 2022
Parties
Applicant: Selemani Juma Masala; 1st Respondent: Sylivester Paul Mosha; 2nd Respondent: Japhet Matiku Ryoba
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
22 September 2022
Procedural Posture
Civil Reference / Ruling on Application for Reference From Single Justice's Decision
Outcome
Application for Reference dismissed with costs.
Legal Topics
Extension of Time, Reference From Single Justice, Affidavit Evidence, Judicial Discretion
Source Language
English
Civil Procedure Appellate Practice Extension of Time Reference From Single Justice Affidavit Evidence Judicial Discretion

Case Brief

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Parties

Selemani Juma Masala

Applicant

Sylivester Paul Mosha

1st Respondent

Japhet Matiku Ryoba

2nd Respondent

Procedural Posture

Civil Reference / Ruling on Application for Reference From Single Justice's Decision

Legal Issues

  1. 1 Whether the applicant demonstrated good cause for delay to warrant extension of time for revision
  2. 2 Whether the Single Justice erred in evaluating affidavit evidence and exercising discretion
  3. 3 Whether the issue of illegality could be raised at the reference stage

Ratio Decidendi

The applicant failed to demonstrate good cause for the delay, did not provide supporting affidavits for key assertions, and did not account for each day of delay; the Single Justice properly exercised discretion and there was no basis to interfere with her decision.

Court Disposition

Application for Reference dismissed with costs.

Orders

  • Application for Reference is dismissed with costs.