kassimu mkumbaru likweiye others vs dar es salaam small industries cooperative society ltd dasico others 2022 tzhc 326 28 february 2022

kassimu mkumbaru likweiye others vs dar es salaam small industries cooperative society ltd dasico others 2022 tzhc 326 28 february 2022

Applicants failed to advance sufficient cause for the delay of over seven years, did not provide evidence of diligence or material to persuade the court to exercise its discretion, and did not establish any apparent illegality on the face of the record. The affidavit was defective as not all applicants were properly identified or consented. Therefore, the application for extension of time was dismissed.

Citation
kassimu mkumbaru likweiye others vs dar es salaam small industries cooperative society ltd dasico others 2022 tzhc 326 28 february 2022
Parties
Applicants: Kassimu Mkumbaru Likweiye and 30 Others; 1st Respondent: Dar Es Salaam Small Industries Cooperative Society Ltd (DASICO); 2nd Respondent: Minister for Agriculture; 3rd Respondent: The Attorney General; 4th Respondent: The Solicitor General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 February 2022
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Outcome
Application dismissed
Legal Topics
Extension of Time, Judicial Review, Right to Be Heard, Limitation of Actions
Source Language
English
Civil Procedure Administrative Law Extension of Time Judicial Review Right to Be Heard Limitation of Actions

Case Brief

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Parties

Kassimu Mkumbaru Likweiye and 30 Others

Applicants

Dar Es Salaam Small Industries Cooperative Society Ltd (DASICO)

1st Respondent

Minister for Agriculture

2nd Respondent

The Attorney General

3rd Respondent

The Solicitor General

4th Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether sufficient cause was shown to warrant extension of time to apply for leave for judicial review against the Minister's decision of 31/01/2014
  2. 2 Whether the applicants were denied the right to be heard
  3. 3 Whether alleged illegality of the decision constitutes good cause for extension of time

Ratio Decidendi

Applicants failed to advance sufficient cause for the delay of over seven years, did not provide evidence of diligence or material to persuade the court to exercise its discretion, and did not establish any apparent illegality on the face of the record. The affidavit was defective as not all applicants were properly identified or consented. Therefore, the application for extension of time was dismissed.

Court Disposition

Application dismissed

Orders

  • Each party to bear its own costs