christine p kamili vs erastus mtemwa 2 others 2023 tzhc 22167 30 october 2023

christine p kamili vs erastus mtemwa 2 others 2023 tzhc 22167 30 october 2023

Applicant failed to prove sickness as a justifiable reason for delay and did not account for each day of delay; therefore, no reasonable ground for extension of time was established.

Citation
christine p kamili vs erastus mtemwa 2 others 2023 tzhc 22167 30 october 2023
Parties
Applicant: Christine P. Kamili; 1st Respondent: Erastus Mtemwa; 2nd Respondent: Reward Elinaza; 3rd Respondent: Lumaliza Court Brokers and Auctioneers Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 October 2023
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome
Application dismissed with costs.
Legal Topics
Extension of Time, Dismissal Order, Restoration of Appeal, Law of Limitation
Source Language
English
Civil Procedure Land Law Extension of Time Dismissal Order Restoration of Appeal Law of Limitation

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Parties

Christine P. Kamili

Applicant

Erastus Mtemwa

1st Respondent

Reward Elinaza

2nd Respondent

Lumaliza Court Brokers and Auctioneers Ltd

3rd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has shown good cause for extension of time to set aside the dismissal order

Ratio Decidendi

Applicant failed to prove sickness as a justifiable reason for delay and did not account for each day of delay; therefore, no reasonable ground for extension of time was established.

Court Disposition

Application dismissed with costs.

Orders

  • Application for extension of time dismissed.
  • Applicant to pay costs.