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The High Court dismissed an application to extend time to file a notice of appeal, finding the applicant failed to give credible reasons for delay.
Applicant demonstrated diligence and lack of negligence; delay was only three days and promptly addressed. Good cause shown for extension of time.
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The applicant failed to establish good and sufficient cause for delay as the affidavit supporting the application was tainted with falsehood regarding the period of sickness, and the alleged illegality did not meet the threshold of being apparent on the face of the record. Therefore, the application for extension of time is dismissed.
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The applicant failed to provide a credible and sufficient explanation for his non-appearance, as the affidavit contained inconsistencies regarding the date of illness and lacked evidence of attempts to notify the court, amounting to negligence and lack of diligence. Restoration of the appeal was therefore not justified.
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The Court of Appeal dismissed an appeal against refusal to extend time, holding the applicant failed to show sufficient cause and did not account for delay.
The delay was due to technical reasons and waiting for legal representatives of deceased parties, which constitutes good cause for extension of time. The presence of incorrect information in affidavits did not vitiate the entire affidavit as the main facts were established. Denial of extension would unjustly prevent respondents from executing a valid decree.
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The applicant's affidavit contained untruthful facts and cannot be relied upon to support the application; therefore, the reference fails and the decision of the taxing officer is upheld.
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The alleged illegalities are not apparent on the face of the record and require long drawn arguments; applicant's illness claim lacks corroborative evidence. Applicant failed to demonstrate sufficient cause for extension of time.
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The applicant failed to account for each day of delay and submitted an affidavit containing untrue information. The court cannot rely on such affidavit and the delay was not justified. Therefore, the application for extension of time is dismissed.
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The applicant's affidavit was found to contain untruths and contradictions, rendering it unreliable and incapable of supporting the application for extension of time; consequently, no good cause was demonstrated.
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