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
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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
Legal Issues
- 1 Whether failure of DLHT Chair to sit with assessors constituted illegality justifying extension of time
- 2 Whether late supply of judgment copy justified delay
- 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
Full Case Text
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