allasgher muktar saajan vs the registered trustees of khoja shia ithina aher jammat and another 2023 tzhc 20898 11 september 2023

allasgher muktar saajan vs the registered trustees of khoja shia ithina aher jammat and another 2023 tzhc 20898 11 september 2023

Applicant failed to account for the further delayed days between the date extension of time was granted to lodge notice of appeal and the date the application at hand was filed. Explanation for delay was not pleaded and cannot be entertained. No sufficient cause shown for extension of time.

Citation
allasgher muktar saajan vs the registered trustees of khoja shia ithina aher jammat and another 2023 tzhc 20898 11 september 2023
Parties
Applicant: Allasgher Muktar Saajan; 1st Respondent: The Registered Trustees of Khoja Shia Ithina Aher Jammat; 2nd Respondent: Property Master Ltd.
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 September 2023
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to Apply for Leave to Appeal
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Leave to Appeal, Technical Delay, Procedural Compliance
Source Language
English
Civil Procedure Land Law Appellate Practice Extension of Time Leave to Appeal Technical Delay Procedural Compliance

Case Brief

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Parties

Allasgher Muktar Saajan

Applicant

The Registered Trustees of Khoja Shia Ithina Aher Jammat

1st Respondent

Property Master Ltd.

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time to Apply for Leave to Appeal

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to apply for leave to appeal
  2. 2 Whether the delay was technical or actual
  3. 3 Whether the applicant accounted for all days of delay

Ratio Decidendi

Applicant failed to account for the further delayed days between the date extension of time was granted to lodge notice of appeal and the date the application at hand was filed. Explanation for delay was not pleaded and cannot be entertained. No sufficient cause shown for extension of time.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed
  • Applicant to pay costs