ABDUL IBRAHIM VS. AYUBU MWALEMBA AND ANOTHER. CIVIL APPLICATION NO. 642/06 OF 2021

Abstract

HELD: 1. With great respect, the preliminary objection which concerns with time bar to the present application is misconceived. Frankly speaking, I did not understand if Mr. Mwanri meant it that, an application for extension of time to take an action in a court of law can be time barred. I think, if the court accedes to that learned counsel's noble contention and proposition, which I am not ready to accept, then, God forbid the clear provisions of rule 10 of the Rules would have been redundant and meaningless. 2. It is a trite law that for an application for extension of time to succeed, the bottom line is good cause shown by the applicant and it is determined at the Court's discretion. The Application was struck out with costs