MTEMA SAFII

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.

Citation
MTEMA SAFII
Parties
Applicant: Abbas Juma Mtema; 1st Respondent: Ted Frank Silkiluwasha; 2nd Respondent: Kacheti Muba @ Mohamedi Kacheti; 3rd Respondent: Commissioner for Land; 4th Respondent: Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
9 July 2024
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Enlargement of Time
Outcome
Application dismissed with costs.
Legal Topics
Extension of Time, Enlargement of Time, Online Filing Requirements, Delay in Filing, Sufficient Cause, Court Discretion
Source Language
English
Civil Procedure Land Law Extension of Time Enlargement of Time Online Filing Requirements Delay in Filing Sufficient Cause Court Discretion

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Parties

Abbas Juma Mtema

Applicant

Ted Frank Silkiluwasha

1st Respondent

Kacheti Muba @ Mohamedi Kacheti

2nd Respondent

Commissioner for Land

3rd Respondent

Attorney General

4th Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Enlargement of Time

Legal Issues

  1. 1 Whether the applicant has adduced sufficient cause for enlargement of time to re-file a withdrawn suit
  2. 2 Whether the applicant accounted for each day of delay as required by law

Ratio Decidendi

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.

Court Disposition

Application dismissed with costs.

Orders

  • Application for enlargement of time is dismissed.
  • Applicant to pay costs.