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The High Court refused to extend time for appealing a District Land and Housing Tribunal decision, finding no good cause, no apparent illegality, and inordinate delay.
Applicants failed to substantiate their claims of delay caused by their representative, did not account for each day of delay, and did not provide evidence of illegality apparent on the face of the record. Being laypersons is not a sufficient ground for extension. Application dismissed for lack of merit.
Source excerpt
The grounds advanced by the applicant do not amount to illegality apparent on the face of the record but are decisional errors or faults in evaluation of evidence; the applicant failed to demonstrate sufficient cause for the delay, and illegality as a ground is not established; thus, the application for extension of time fails.
Source excerpt
The High Court Labour Division dismissed an application to extend time to file a notice of appeal, finding the applicant failed to account for seven days of delay.
The High Court Labour Division dismissed an application to extend time to seek review, holding the applicant had not proved sickness, death in the family, illegality, or accounted for the delay.
The Court of Appeal granted extension of time to apply for leave to appeal, finding the applicant had accounted for each day of delay and acted diligently.
The High Court dismissed an application to extend time to file an out-of-time land appeal, finding a four-year delay inordinate and unexplained.
The High Court refused an application to extend time to appeal out of time, finding a four-year delay inordinate and insufficiently explained.
The applicant failed to account for each day of the 161-day delay in the affidavit supporting the application for extension of time, demonstrating negligence, inactiveness, and lack of seriousness, which does not constitute good or sufficient cause. The application is therefore dismissed for lack of merit.
Source excerpt
The applicant, though delayed by 120 days, was a layperson who persistently sought legal aid, and the delay was largely caused by the time taken by legal aid organizations to process and ultimately decline his requests. The ground of illegality was not apparent on the face of the record and thus did not constitute good cause, but the applicant's diligence and circumstances justified extension of time.
Source excerpt
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