elias mwakalinga vs domina kagaruki others 2019 tzca 231 20 may 2019

elias mwakalinga vs domina kagaruki others 2019 tzca 231 20 may 2019

Applicant failed to account for each day of delay and did not substantiate claim of denial of right to be heard; no good cause shown for extension of time.

Citation
elias mwakalinga vs domina kagaruki others 2019 tzca 231 20 may 2019
Parties
Applicant: Elius Mwakalinga; 1st Respondent: Domina Kagaruki; 2nd Respondent: Farida F. Mbaraki; 3rd Respondent: Farid Ahmed Mbarak; 4th Respondent: Tanzania Building Agency; 5th Respondent: The Commissioner for Lands; 6th Respondent: The Honourable Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
20 May 2019
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to File Review
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Review of Judgment, Right to Be Heard, Delay and Diligence
Source Language
English
Civil Procedure Extension of Time Review of Judgment Right to Be Heard Delay and Diligence

Case Brief

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Parties

Elius Mwakalinga

Applicant

Domina Kagaruki

1st Respondent

Farida F. Mbaraki

2nd Respondent

Farid Ahmed Mbarak

3rd Respondent

Tanzania Building Agency

4th Respondent

The Commissioner for Lands

5th Respondent

The Honourable Attorney General

6th Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time to File Review

Legal Issues

  1. 1 Whether the applicant demonstrated good cause for extension of time to file review
  2. 2 Whether denial of right to be heard or illegality was established
  3. 3 Whether delay was properly accounted for

Ratio Decidendi

Applicant failed to account for each day of delay and did not substantiate claim of denial of right to be heard; no good cause shown for extension of time.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time is dismissed with costs