alex msama mwita vs the commissioner for lands 3 others 2023 tzhclandd 17124 15 november 2023

alex msama mwita vs the commissioner for lands 3 others 2023 tzhclandd 17124 15 november 2023

The applicant failed to demonstrate sufficient cause for the delay and did not account for each day of delay; failure to notify the court of absence and to attach the impugned order constituted negligence; thus, the application for extension of time was dismissed.

Citation
alex msama mwita vs the commissioner for lands 3 others 2023 tzhclandd 17124 15 november 2023
Parties
Applicant: Alex Msama Mwita; 1st Respondent: The Commissioner for Lands; 2nd Respondent: The Attorney General; 3rd Respondent: Registrar of Titles; 4th Respondent: The Office of the Regional Administration and Local Government
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
15 November 2023
Procedural Posture
Miscellaneous Land Case Application / Ruling on Application for Extension of Time to Apply for Restoration of Dismissed Suit
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Restoration of Dismissed Suit, Sufficient Cause for Delay, Non Appearance, Court Procedure
Source Language
English
Civil Procedure Land Law Extension of Time Restoration of Dismissed Suit Sufficient Cause for Delay Non Appearance Court Procedure

Case Brief

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Parties

Alex Msama Mwita

Applicant

The Commissioner for Lands

1st Respondent

The Attorney General

2nd Respondent

Registrar of Titles

3rd Respondent

The Office of the Regional Administration and Local Government

4th Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Application for Extension of Time to Apply for Restoration of Dismissed Suit

Legal Issues

  1. 1 Whether the applicant demonstrated sufficient cause for delay in applying for restoration of the dismissed suit
  2. 2 Whether the applicant accounted for each day of delay as required by law

Ratio Decidendi

The applicant failed to demonstrate sufficient cause for the delay and did not account for each day of delay; failure to notify the court of absence and to attach the impugned order constituted negligence; thus, the application for extension of time was dismissed.

Court Disposition

Application dismissed with costs

Orders

  • The entire application is dismissed with costs.