RULING ISMAIL MUSA
The delay was caused by a registry error, not the applicant's fault, and sufficient cause was established for extension of time.
Source excerpt
- Extension of time
- Notice of appeal
- Court discretion
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Beda PaschalLymo TA Ben Cars Automotor vs Prisca Patric Mugavanyi Adminstrator of the Estate of the Late Patric Lukombeso Mugavanyi Misc Civil application No 7374
The applicant failed to provide sufficient reasons for non-appearance in three consecutive court sessions, and did not notify the court in a timely manner; thus, the court declined to exercise its discretion to restore the appeal.
Source excerpt
- Restoration of appeal
- Dismissal for non-appearance
- Court discretion
- Good cause requirement
AMC TANZANIA LTD v
The plaintiff failed to file a formal application for extension of time and did not account for each day of delay. The oral application was made on the hearing date without emergency justification. There was no evidence of delayed issuance of the control number. The court found no basis to exercise discretion to extend time, and thus struck out the plaintiff's witness statement for non-service.
Source excerpt
- Extension of time
- Service of witness statements
- Court discretion
- Striking out pleadings
NASHON
The applicant demonstrated diligence and the delay was justified by procedural issues, not negligence. The 9-day delay after obtaining the decree was reasonable given the circumstances.
Source excerpt
- Extension of time
- Appeals
- Court discretion
RULING Saidi Mohamed Hango vs
The applicant failed to provide sufficient and good cause for the 60-day delay, as searching for an advocate or ignorance of the law is not a valid ground for extension of time. The applicant did not meet the established principles for granting extension, including accounting for each day of delay and demonstrating diligence.
Source excerpt
- Extension of time
- Limitation of actions
- Appeals
- Ignorance of law
- Court discretion
RULING The Attorney General vs
The right to be heard is paramount and outweighs procedural delays in filing a counter affidavit. The principles in Lyamuya Construction Co. Ltd do not apply to applications for extension of time to file pleadings. The applicant will not be prejudiced by granting the extension, and justice requires the 1st respondent be allowed to file the counter affidavit.
Source excerpt
- Extension of time
- Right to be heard
- Counter affidavit
- Court discretion
OBED MASATU RULING
The High Court at Mwanza set aside a dismissal order after finding the applicants had good cause for non-appearance, including counsel’s engagement elsewhere and leave.
- Setting aside dismissal
- Non-appearance
- Court discretion
- Civil-procedure
- Setting-aside-dismissal
- Judicial-discretion
MASUNGA RULING
The High Court granted an extension of time after finding sufficient cause for delayed filing, relying on network problems in the court system and interest of justice.
- Extension of time
- Bill of costs
- Court discretion
- Delay justification
- Extension-of-time
- Bill-of-costs
MTEMA SAFII
Applicant failed to account for each day of delay and did not adduce sufficient cause for enlargement of time. Negligence and sloppiness are not sufficient reasons. Waiting for a copy of the order was unnecessary and technical filing issues should have been addressed through proper procedural channels.
Source excerpt
- Extension of time
- Enlargement of time
- Online filing requirements
- Delay in filing
- Sufficient cause
- Court discretion
barretto hauliers t ltd vs josephine e mwanyika another 2024 tzca 178 13 march 2024
The Court of Appeal declined to extend time for a revision application, finding no justifiable reason and no illegality in the impugned decision.
- Extension of time
- Revision
- Illegality as ground for extension
- Court discretion
- Extension-of-time
- Court-discretion
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