clavery luwela vs isack mwanalinze another 2023 tzhc 23791 29 november 2023

clavery luwela vs isack mwanalinze another 2023 tzhc 23791 29 november 2023

The applicant failed to provide a valid explanation or account for each day of delay after being discharged from medical treatment, and did not demonstrate diligence or the existence of a point of law of sufficient importance. Therefore, no good cause was shown to warrant extension of time.

Citation
clavery luwela vs isack mwanalinze another 2023 tzhc 23791 29 november 2023
Parties
Applicant: Clavery Luwela; 1st Respondent: Isack Mwanalinze; 2nd Respondent: Julius Sangu
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 November 2023
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application struck out
Legal Topics
Extension of Time, Appeals, Good Cause for Delay, Land Disputes Courts Act
Source Language
English
Civil Procedure Land Law Extension of Time Appeals Good Cause for Delay Land Disputes Courts Act

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 11 Party arguments 2
Sign in to unlock

Parties

Clavery Luwela

Applicant

Isack Mwanalinze

1st Respondent

Julius Sangu

2nd Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has shown good cause for extension of time to appeal against the decision of the District Land and Housing Tribunal

Ratio Decidendi

The applicant failed to provide a valid explanation or account for each day of delay after being discharged from medical treatment, and did not demonstrate diligence or the existence of a point of law of sufficient importance. Therefore, no good cause was shown to warrant extension of time.

Court Disposition

Application struck out

Orders

  • The application for extension of time is struck out with no order as to costs.