baraka hamis vs charles emmanuel kapesula 2023 tzhc 18500 23 june 2023
Applicant failed to account for each day of delay, particularly the 22 days after previous application was struck out, and failed to demonstrate sufficient cause. Alleged illegality was not substantiated as the prior judgment considered applicant's submissions.
- Citation
- baraka hamis vs charles emmanuel kapesula 2023 tzhc 18500 23 june 2023
- Parties
- Applicant: Baraka Hamis; Respondent: Charles Emmanuel Kapesula
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 23 June 2023
- Procedural Posture
- Miscellaneous Land Case Application / Ruling on Application for Extension of Time
- Outcome
- Application dismissed
- Legal Topics
- Extension of Time, Appeals, Delay in Filing, Illegality Allegations
- Source Language
- English
Case Brief
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Parties
Baraka Hamis
Applicant
Charles Emmanuel Kapesula
Respondent
Procedural Posture
Miscellaneous Land Case Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether sufficient cause was shown for extension of time to lodge notice of appeal
- 2 Whether alleged illegality in Land Appeal No. 22 of 2019 justified extension
Ratio Decidendi
Applicant failed to account for each day of delay, particularly the 22 days after previous application was struck out, and failed to demonstrate sufficient cause. Alleged illegality was not substantiated as the prior judgment considered applicant's submissions.
Court Disposition
Application dismissed
Orders
- No order as to costs
- Right of Appeal explained
Full Case Text
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