demas mutani nyabukika vs elizabeth simon mwakapangala as administratix of the late said shomari 3 others 2024 tzhclandd 3 8 january 2024

demas mutani nyabukika vs elizabeth simon mwakapangala as administratix of the late said shomari 3 others 2024 tzhclandd 3 8 january 2024

The applicant failed to prove that his illness prevented him from acting after the judgment date, failed to demonstrate any apparent illegality on the face of the record, and did not account for the inordinate delay of over three years. Lack of funds and self-representation were not accepted as good cause. The application was dismissed for lack of merit.

Citation
demas mutani nyabukika vs elizabeth simon mwakapangala as administratix of the late said shomari 3 others 2024 tzhclandd 3 8 january 2024
Parties
Applicant: Demas Mutani Nyabukika; 1st Respondent: Elizabeth Simon Mwakapangala (As Administratrix of the late Said Shomari); 2nd Respondent: Linaniel Amos; 3rd Respondent: Salumu Ally; 4th Respondent: Magogo Yusuf
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
8 January 2024
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application dismissed
Legal Topics
Extension of Time, Appeal Procedure, Good Cause for Delay
Source Language
English
Land Law Civil Procedure Extension of Time Appeal Procedure Good Cause for Delay

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Parties

Demas Mutani Nyabukika

Applicant

Elizabeth Simon Mwakapangala (As Administratrix of the late Said Shomari)

1st Respondent

Linaniel Amos

2nd Respondent

Salumu Ally

3rd Respondent

Magogo Yusuf

4th Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant demonstrated good cause for extension of time to file an appeal

Ratio Decidendi

The applicant failed to prove that his illness prevented him from acting after the judgment date, failed to demonstrate any apparent illegality on the face of the record, and did not account for the inordinate delay of over three years. Lack of funds and self-representation were not accepted as good cause. The application was dismissed for lack of merit.

Court Disposition

Application dismissed

Orders

  • Each party to bear its own costs