sophia mathayo simba vs equity bank t limited 2 others 2023 tzhclandd 17284 15 december 2023
The applicant failed to provide sufficient evidence to substantiate her illness or the employment of her former advocate as reasons for the delay, and did not account for each day of delay as required by law. Therefore, no good cause was shown for extension of time.
- Citation
- sophia mathayo simba vs equity bank t limited 2 others 2023 tzhclandd 17284 15 december 2023
- Parties
- Applicant: Sophia Mathayo Simba; 1st Respondent: Equity Bank (Tanzania) Limited; 2nd Respondent: Tegra Trading Co. Limited; 3rd Respondent: Cops Auction Mart and Court Brokers Ltd
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 15 December 2023
- Procedural Posture
- Miscellaneous Land Application / Ruling on Application for Extension of Time
- Outcome
- Application dismissed with costs
- Legal Topics
- Extension of Time, Restoration of Dismissed Suit, Affidavit Evidence, Limitation of Actions
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Sophia Mathayo Simba
Applicant
Equity Bank (Tanzania) Limited
1st Respondent
Tegra Trading Co. Limited
2nd Respondent
Cops Auction Mart and Court Brokers Ltd
3rd Respondent
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the applicant has shown good cause for extension of time to restore Land Case No. 79 of 2021
Ratio Decidendi
The applicant failed to provide sufficient evidence to substantiate her illness or the employment of her former advocate as reasons for the delay, and did not account for each day of delay as required by law. Therefore, no good cause was shown for extension of time.
Court Disposition
Application dismissed with costs
Orders
- Application for extension of time is dismissed with costs
Full Case Text
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