yonah akan mbadime vs national microfinance bank plc and others 2021 tzhc 9217 2 december 2021

yonah akan mbadime vs national microfinance bank plc and others 2021 tzhc 9217 2 december 2021

Applicant failed to account for every day of delay, especially the 62 days after recovery; reasons advanced (sickness and illegality) were not sufficiently substantiated; application lacked merit and was dismissed.

Citation
yonah akan mbadime vs national microfinance bank plc and others 2021 tzhc 9217 2 december 2021
Parties
Applicant: Yonah Akan Mbadime; 1st Respondent: National Microfinance Bank PLC; 2nd Respondent: Iman Grevas Mdemu; 3rd Respondent: Edgar Mbadime
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 December 2021
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application dismissed with costs.
Legal Topics
Extension of Time, Appeals, Limitation Period, Sufficient Cause
Source Language
English
Civil Procedure Land Law Extension of Time Appeals Limitation Period Sufficient Cause

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Parties

Yonah Akan Mbadime

Applicant

National Microfinance Bank PLC

1st Respondent

Iman Grevas Mdemu

2nd Respondent

Edgar Mbadime

3rd Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant demonstrated sufficient cause for extension of time to appeal
  2. 2 Whether sickness and alleged illegality constitute sufficient reasons for delay

Ratio Decidendi

Applicant failed to account for every day of delay, especially the 62 days after recovery; reasons advanced (sickness and illegality) were not sufficiently substantiated; application lacked merit and was dismissed.

Court Disposition

Application dismissed with costs.

Orders

  • Application for extension of time to appeal is dismissed.
  • Applicant to pay costs.