REUBEN LUBANGA v. MOZA GILBERT MUSHI & 2OTHER, CIVIL APPLICATION NO 533/01 OF 2021

Abstract

Held: (i) Illegality by itself can, if it is apparent on the face of the record and of sufficient importance, be a good cause for extension of time. (ii) In deciding whether or not to grant an extension of time, the Court should not limit itself to the delay. Instead, it has to consider as well the weight and implications of the issues involved in the intended action and whether the same is prima facie maintainable.