MISC

MISC

Applicant failed to account for the delay and did not establish any illegality in the tribunal's decision; right to be heard was not denied as applicant was duly served and failed to file reply submissions without justification; alleged errors in warrants do not amount to illegality justifying extension of time.

Citation
MISC
Parties
Applicant: Daudi Lonyamali; 1st Respondent: Maiko Lonyamali; 2nd Respondent: Boniface Maiko; 3rd Respondent: Tobias Lonyamali; 4th Respondent: Emmanuel Leserian
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome
Application dismissed
Legal Topics
Extension of Time, Right to Be Heard, Illegality as Ground for Extension, Execution of Costs Order
Source Language
English
Civil Procedure Land Law Extension of Time Right to Be Heard Illegality as Ground for Extension Execution of Costs Order

Case Brief

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Parties

Daudi Lonyamali

Applicant

Maiko Lonyamali

1st Respondent

Boniface Maiko

2nd Respondent

Tobias Lonyamali

3rd Respondent

Emmanuel Leserian

4th 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 file reference out of time
  2. 2 Whether alleged illegality or denial of right to be heard constitutes sufficient reason for extension

Ratio Decidendi

Applicant failed to account for the delay and did not establish any illegality in the tribunal's decision; right to be heard was not denied as applicant was duly served and failed to file reply submissions without justification; alleged errors in warrants do not amount to illegality justifying extension of time.

Court Disposition

Application dismissed

Orders

  • No order as to costs