bashir ally vs anyegile andendekisye mwamaluka others 2024 tzca 47 16 february 2024

bashir ally vs anyegile andendekisye mwamaluka others 2024 tzca 47 16 february 2024

Appellant failed to demonstrate sufficient cause for extension of time; affidavit contained falsehoods; delay was not justified; illegality claim was not manifest and required long drawn argument; appellant failed to account for each day of delay.

Citation
bashir ally vs anyegile andendekisye mwamaluka others 2024 tzca 47 16 february 2024
Parties
Appellant: Bashir Ally; 1st Respondent: Anyegile Andendekisye Mwamaluka; 2nd Respondent: Edina Anyegile Mwakajinga; 3rd Respondent: The Registered Trustees of Chama Cha Mapinduzi
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
16 February 2024
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Extension of Time, Illegality as Ground for Extension, Accounting for Delay, Affidavit Credibility
Source Language
English

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Bashir Ally

Appellant

Anyegile Andendekisye Mwamaluka

1st Respondent

Edina Anyegile Mwakajinga

2nd Respondent

The Registered Trustees of Chama Cha Mapinduzi

3rd Respondent

Procedural Posture

Civil Appeal / Judgment

  1. 1 Whether failure of DLHT Chair to sit with assessors constituted illegality justifying extension of time
  2. 2 Whether late supply of judgment copy justified delay
  3. 3 Whether sufficient reasons were shown for extension

Ratio Decidendi

Appellant failed to demonstrate sufficient cause for extension of time; affidavit contained falsehoods; delay was not justified; illegality claim was not manifest and required long drawn argument; appellant failed to account for each day of delay.

Court Disposition

appeal dismissed

Orders

  • appeal dismissed with costs