dainess kimambo vs clemence o mbowe 2022 tzhc 14310 13 october 2022

dainess kimambo vs clemence o mbowe 2022 tzhc 14310 13 october 2022

Although the applicant failed to account for each day of delay, the alleged illegality in the tribunal's decision—specifically, the failure to consider the applicant's submissions—constitutes sufficient reason to grant extension of time.

Citation
dainess kimambo vs clemence o mbowe 2022 tzhc 14310 13 october 2022
Parties
Applicant: Dain Ess Kimambo; Respondent: Clemence O. Mbowe
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
13 October 2022
Procedural Posture
Miscellaneous Land Application (extension of Time) / Ruling on Application for Extension of Time to File Reference
Outcome
Application granted
Legal Topics
Extension of Time, Right to Be Heard, Illegality as Ground for Extension, Bill of Costs, Reference Against Tribunal Decision
Source Language
English
Civil Procedure Land Law Extension of Time Right to Be Heard Illegality as Ground for Extension Bill of Costs Reference Against Tribunal Decision

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 15 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Dain Ess Kimambo

Applicant

Clemence O. Mbowe

Respondent

Procedural Posture

Miscellaneous Land Application (extension of Time) / Ruling on Application for Extension of Time to File Reference

Legal Issues

  1. 1 Whether the applicant has advanced sufficient reasons for extension of time to file reference against the decision of the District Land and Housing Tribunal in Bill of Costs No. 292 of 2021

Ratio Decidendi

Although the applicant failed to account for each day of delay, the alleged illegality in the tribunal's decision—specifically, the failure to consider the applicant's submissions—constitutes sufficient reason to grant extension of time.

Court Disposition

Application granted

Orders

  • Applicant to file intended reference within 21 days from the date of being supplied with a copy of this ruling
  • No order as to costs