anna lubuva vs david elingara maro 2012 tzhc 3 22 august 2012

Applicant failed to provide sufficient cause or account for the delay of over thirteen years; being outside the country is not a valid excuse as she managed to transact on the property during that period and was represented by counsel during the appeal.

Citation: anna lubuva vs david elingara maro 2012 tzhc 3 22 august 2012
Parties: Applicant: Anna Lubuva; Respondent: David Elingara Maro
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 22 August 2012
Procedural Posture: Miscellaneous Civil Applications / Ruling on Applications for Stay of Eviction and Extension of Time
Outcome: Applications dismissed
Legal Topics: Extension of Time, Stay of Execution, Eviction, Setting Aside Judgment
Source Language: English

Civil Procedure Land Law Extension of Time Stay of Execution Eviction Setting Aside Judgment

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Parties

Anna Lubuva

Applicant

David Elingara Maro

Respondent

Procedural Posture

Miscellaneous Civil Applications / Ruling on Applications for Stay of Eviction and Extension of Time

Legal Issues

1 Whether the applicant has shown sufficient cause for extension of time to set aside a 1999 High Court judgment
2 Whether the applicant is entitled to a stay of eviction order pending determination of her application

Ratio Decidendi

Court Disposition

Applications dismissed

Orders

Both prayers for extension of time and stay of eviction are dismissed in their entirety for failure to account for delay.
Respondent awarded costs of both applications.