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The High Court granted a certificate on a point of law for a planned Court of Appeal challenge over whether a ward tribunal was properly constituted.
The High Court at Mwanza granted an extension of time to seek certification on a point of law, finding the applicants had shown sufficient cause and diligence.
The High Court at Mwanza granted an extension of time to apply for certification on a point of law, accepting the applicant’s six-day delay as sufficiently excusable.
The preliminary objections lacked merit as the application followed the parties' designations in prior proceedings, the omission in affidavit verification was not fatal and could be cured by expunging the paragraphs, and the affidavit was sufficient to support both applicants. On the merits, only four points raised by the applicants constituted points of law worthy of certification for appeal to the Court of Appeal; the remaining grounds were factual and not certifiable.
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The High Court certified a point of law for appeal to the Court of Appeal concerning alleged misapprehension of evidence about exhibits DI, D2 and D3.
The applicant accounted for the delay with medical evidence, the delay was not inordinate, and the applicant demonstrated diligence; thus, sufficient grounds exist for granting the extension of time.
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Although the applicants failed to fully account for the delay and did not properly plead illegality in their affidavit, the court, in the interest of justice and considering prior extension on similar grounds, granted the application for extension of time.
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Application allowed solely on ground of apparent illegality raised by applicant, which constitutes sufficient reason for extension of time to seek certification on point of law, despite failure to account for delay and lack of proof of sickness.
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The application was struck out because it combined two distinct and unrelated prayers (extension of time and certification on point of law) in a single application, which is not permitted by law or precedent.
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The application was dismissed because the points raised were factual, not legal, and the principles on tendering documents and appellate interference with findings are already settled by the Court of Appeal. No point of law was identified warranting certification for appeal.
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