bryson japhet msemo vs salanayaheki another 2018 tzhc 2592 19 october 2018

bryson japhet msemo vs salanayaheki another 2018 tzhc 2592 19 october 2018

The applicant failed to account for the delay in filing the appeal as required by law, and explanations provided in submissions rather than in the affidavit do not constitute evidence. The applicant did not demonstrate sufficient cause for the delay, and thus the court declined to exercise its discretion to extend time.

Citation
bryson japhet msemo vs salanayaheki another 2018 tzhc 2592 19 october 2018
Parties
Applicant: Bryson Japhet Msemo; 1st Respondent: Salanayaheki; 2nd Respondent: Mohamed Said Kidevu
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 October 2018
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to File Appeal
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Appeals, Good Cause for Delay
Source Language
English
Land Law Civil Procedure Extension of Time Appeals Good Cause for Delay

Case Brief

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Parties

Bryson Japhet Msemo

Applicant

Salanayaheki

1st Respondent

Mohamed Said Kidevu

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time to File Appeal

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file an appeal against the judgment and decree of the District Land and Housing Tribunal

Ratio Decidendi

The applicant failed to account for the delay in filing the appeal as required by law, and explanations provided in submissions rather than in the affidavit do not constitute evidence. The applicant did not demonstrate sufficient cause for the delay, and thus the court declined to exercise its discretion to extend time.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time to file appeal is dismissed with costs.