damas assesy another vs raymond mgonda paula others 2019 tzca 648 17 april 2019

damas assesy another vs raymond mgonda paula others 2019 tzca 648 17 april 2019

Applicants failed to account for each day of delay, provided inconsistent and untrue information in their affidavit, and did not clearly demonstrate any illegality in the impugned decision. Therefore, no good cause was shown to warrant extension of time.

Citation
damas assesy another vs raymond mgonda paula others 2019 tzca 648 17 april 2019
Parties
Applicant: Damas Assesy; Applicant: Flora D. Assesy; Respondent: Raymond Mgonda Paula; Respondent: Vicent Bruno Minja; Respondent: Theresia Paula William; Respondent: Shamim Abshiri Msangi; Respondent: Bruno Mteta Peter; Respondent: Gladness Paula; Respondent: The Registrar of Titles; Respondent: The Attorney General; Respondent: The Kinondoni Municipal Council
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
17 April 2019
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Revision, Locus Standi, Illegality as Ground for Extension, Natural Justice
Source Language
English
Civil Procedure Land Law Extension of Time Revision Locus Standi Illegality as Ground for Extension Natural Justice

Case Brief

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Parties

Damas Assesy

Applicant

Flora D. Assesy

Applicant

Raymond Mgonda Paula

Respondent

Vicent Bruno Minja

Respondent

Theresia Paula William

Respondent

Shamim Abshiri Msangi

Respondent

Bruno Mteta Peter

Respondent

Gladness Paula

Respondent

The Registrar of Titles

Respondent

The Attorney General

Respondent

The Kinondoni Municipal Council

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicants have shown good cause for extension of time to apply for revision
  2. 2 Whether the applicants have locus standi to challenge the High Court decision
  3. 3 Whether alleged illegality in the High Court judgment constitutes sufficient cause for extension of time

Ratio Decidendi

Applicants failed to account for each day of delay, provided inconsistent and untrue information in their affidavit, and did not clearly demonstrate any illegality in the impugned decision. Therefore, no good cause was shown to warrant extension of time.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time is dismissed
  • Applicants to pay costs