wilfred kisakisa njiro vs james john chao others 2023 tzca 17422 18 july 2023

wilfred kisakisa njiro vs james john chao others 2023 tzca 17422 18 july 2023

The application was not properly before the Court as the applicant sought to appeal instead of filing a second bite application after refusal by the High Court. Even if tenable, the applicant failed to show good cause for delay, as the affidavit was found to be fabricated and did not account for each day of delay.

Citation
wilfred kisakisa njiro vs james john chao others 2023 tzca 17422 18 july 2023
Parties
Applicant: Wilfred Kisakisa Njiro; 1st Respondent: James John Chao; 2nd Respondent: Aman John Chao; 3rd Respondent: Joseph Michael
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
18 July 2023
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Outcome
application dismissed
Legal Topics
Extension of Time, Appeals, Affidavit Credibility
Source Language
English
Civil Procedure Extension of Time Appeals Affidavit Credibility

Case Brief

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Parties

Wilfred Kisakisa Njiro

Applicant

James John Chao

1st Respondent

Aman John Chao

2nd Respondent

Joseph Michael

3rd Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the application for extension of time is properly before the Court after refusal by the High Court
  2. 2 Whether the applicant has shown good cause for extension of time

Ratio Decidendi

The application was not properly before the Court as the applicant sought to appeal instead of filing a second bite application after refusal by the High Court. Even if tenable, the applicant failed to show good cause for delay, as the affidavit was found to be fabricated and did not account for each day of delay.

Court Disposition

application dismissed

Orders

  • No order as to costs