MISC

MISC

Extension of time cannot be granted based on pre-court negotiations, as they do not affect limitation periods. Alleged illegalities must be apparent in the impugned decision, not merely in the application or pleadings. The applicants failed to demonstrate sufficient cause for extension, and the application constitutes abuse of court process.

Citation
MISC
Parties
Applicant: Charles Faustine; Applicant: Ntugwa Sugilo; Respondent: Faustine Mundikaya
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2000
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Outcome
application dismissed with costs
Legal Topics
Extension of Time, Restoration of Dismissed Appeal, Illegality as Ground for Extension, Limitation of Actions
Source Language
English
Civil Procedure Land Law Extension of Time Restoration of Dismissed Appeal Illegality as Ground for Extension Limitation of Actions

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Parties

Charles Faustine

Applicant

Ntugwa Sugilo

Applicant

Faustine Mundikaya

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether sufficient cause exists for extension of time to file application for restoration of dismissed Land Appeal No.43 of 2020
  2. 2 Whether alleged illegalities in tribunal proceedings justify extension of time

Ratio Decidendi

Extension of time cannot be granted based on pre-court negotiations, as they do not affect limitation periods. Alleged illegalities must be apparent in the impugned decision, not merely in the application or pleadings. The applicants failed to demonstrate sufficient cause for extension, and the application constitutes abuse of court process.

Court Disposition

application dismissed with costs

Orders

  • Application for extension of time to file restoration of Land Appeal No.43 of 2020 is dismissed with costs.