kiko rajabu kiko vs bakari rajabu kiko 2020 tzhc 441 31 march 2020

kiko rajabu kiko vs bakari rajabu kiko 2020 tzhc 441 31 march 2020

The application was struck out because it was brought under the wrong statutory provision and sought extension of time beyond the prescribed period without first seeking enlargement of time to lodge the application for extension. The applicants failed to account for the delay and did not follow the required procedure.

Citation
kiko rajabu kiko vs bakari rajabu kiko 2020 tzhc 441 31 march 2020
Parties
1st Applicant: Kiko Rajabu Kiko; 2nd Applicant: Kiko Rajabu Kiko (As Legal representative of the Late Rajabu Kiko Mgalla); Respondent: Bakari Rajabu Kiko
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 March 2020
Procedural Posture
Miscellaneous Land Case Application / Ruling on Application for Extension of Time
Outcome
Application struck out with costs
Legal Topics
Extension of Time, Written Statement of Defence, Limitation of Actions
Source Language
English
Civil Procedure Land Law Extension of Time Written Statement of Defence Limitation of Actions

Case Brief

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Parties

Kiko Rajabu Kiko

1st Applicant

Kiko Rajabu Kiko (As Legal representative of the Late Rajabu Kiko Mgalla)

2nd Applicant

Bakari Rajabu Kiko

Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicants are entitled to extension of time to file written statement of defence out of time
  2. 2 Whether the application was properly brought under the relevant statutory provisions

Ratio Decidendi

The application was struck out because it was brought under the wrong statutory provision and sought extension of time beyond the prescribed period without first seeking enlargement of time to lodge the application for extension. The applicants failed to account for the delay and did not follow the required procedure.

Court Disposition

Application struck out with costs

Orders

  • Application struck out
  • Costs awarded to respondent