stella ngonyani vs mercy mbele and another 2021 tzhclandd 598 25 june 2021

stella ngonyani vs mercy mbele and another 2021 tzhclandd 598 25 june 2021

Applicant failed to explain away every day of the delay and did not provide sufficient evidence of out of court settlement; delay was nearly one year and demonstrates negligence; overwhelming chances of success is not a ground for extension of time.

Citation
stella ngonyani vs mercy mbele and another 2021 tzhclandd 598 25 june 2021
Parties
Applicant: Stella Ngonyani; Respondent: Mercy Mbele; Respondent: Tatu Mbwana Njou J
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
25 June 2021
Procedural Posture
Miscellaneous Land Case Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application dismissed
Legal Topics
Extension of Time, Appeals, Limitation Period, Discretion of Court
Source Language
English
Land Law Civil Procedure Extension of Time Appeals Limitation Period Discretion of Court

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Parties

Stella Ngonyani

Applicant

Mercy Mbele

Respondent

Tatu Mbwana Njou J

Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether the applicant has shown good cause for extension of time to file an appeal
  2. 2 Whether delay was sufficiently explained

Ratio Decidendi

Applicant failed to explain away every day of the delay and did not provide sufficient evidence of out of court settlement; delay was nearly one year and demonstrates negligence; overwhelming chances of success is not a ground for extension of time.

Court Disposition

Application dismissed

Orders

  • Respondent awarded costs