Misc

Misc

The applicant failed to account for each day of the 43-day delay and did not demonstrate sufficient cause for the court to exercise its discretion to enlarge time. The reasons advanced, including waiting for a copy of the order and blaming the court for technical rejection, were found to be inadequate and attributable to the applicant's own negligence and lack of diligence.

Citation
Misc
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
1 January 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, Land Dispute, Withdrawal and Re Filing of Suit, Court Discretion, Delay and Sufficient Cause
Source Language
English
Civil Procedure Land Law Extension of Time Enlargement of Time Land Dispute Withdrawal and Re Filing of Suit Court Discretion Delay and Sufficient Cause

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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  1. 1 Whether the applicant has adduced sufficient cause for enlargement of time to re-file a withdrawn suit

Ratio Decidendi

The applicant failed to account for each day of the 43-day delay and did not demonstrate sufficient cause for the court to exercise its discretion to enlarge time. The reasons advanced, including waiting for a copy of the order and blaming the court for technical rejection, were found to be inadequate and attributable to the applicant's own negligence and lack of diligence.

Court Disposition

Application dismissed with costs

Orders

  • Application for enlargement of time is dismissed with costs