david samson butemba vs constantine cosmas kihaliye 2021 tzhc 9541 26 november 2021
Applicant was imprisoned at the time of dismissal and actively pursued restoration; delay was not inordinate nor due to negligence, thus sufficient cause was established for extension and restoration.
- Citation
- david samson butemba vs constantine cosmas kihaliye 2021 tzhc 9541 26 november 2021
- Parties
- Applicant: David Samsoni Butemba; Respondent: Constantine Cosmas Kihaliye
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 26 November 2021
- Procedural Posture
- Miscellaneous Land Application / Ruling on Application for Extension of Time and Restoration
- Outcome
- Application granted
- Legal Topics
- Extension of Time, Restoration of Dismissed Application, Sufficient Cause, Procedural Justice
- Source Language
- English
Case Brief
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Parties
David Samsoni Butemba
Applicant
Constantine Cosmas Kihaliye
Respondent
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time and Restoration
Legal Issues
- 1 Whether the applicant furnished sufficient reasons for extension of time to restore Misc. Land Application No. 103 of 2017
Ratio Decidendi
Applicant was imprisoned at the time of dismissal and actively pursued restoration; delay was not inordinate nor due to negligence, thus sufficient cause was established for extension and restoration.
Court Disposition
Application granted
Orders
- Misc. Land Case Application No. 103 of 2017 is restored
- No order as to costs
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