CIVIL APPLICATION NO 456 17 OF 2022 AMANDUS KATO VS MASEKE KANYOROZENGO ANOTHER

CIVIL APPLICATION NO 456 17 OF 2022 AMANDUS KATO VS MASEKE KANYOROZENGO ANOTHER

The applicant failed to account for each day of the 282-day delay and did not establish that the alleged illegality was apparent on the face of the record or of sufficient importance. The reasons advanced did not constitute good cause under Rule 10 of the Court of Appeal Rules.

Citation
CIVIL APPLICATION NO 456 17 OF 2022 AMANDUS KATO VS MASEKE KANYOROZENGO ANOTHER
Parties
Applicant: Amandus Kato; 1st Respondent: Maseke Kanyorozengo; 2nd Respondent: Mpoy Traders & Auction Mart
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2022
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to Apply for Leave to Appeal
Outcome
application dismissed
Legal Topics
Extension of Time, Leave to Appeal, Illegality as Ground for Extension, Accounting for Delay
Source Language
English
Civil Procedure Land Law Extension of Time Leave to Appeal Illegality as Ground for Extension Accounting for Delay

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Parties

Amandus Kato

Applicant

Maseke Kanyorozengo

1st Respondent

Mpoy Traders & Auction Mart

2nd Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has shown good cause for extension of time to apply for leave to appeal
  2. 2 Whether alleged illegality constitutes sufficient ground for extension of time

Ratio Decidendi

The applicant failed to account for each day of the 282-day delay and did not establish that the alleged illegality was apparent on the face of the record or of sufficient importance. The reasons advanced did not constitute good cause under Rule 10 of the Court of Appeal Rules.

Court Disposition

application dismissed

Orders

  • Application dismissed with costs.