elius mwakalinga vs dimina kagaruki others 2019 tzca 650 22 may 2019

elius mwakalinga vs dimina kagaruki others 2019 tzca 650 22 may 2019

The applicant failed to account for each day of the 37-day delay between the striking out of the previous application and the filing of the present one, and did not substantiate the claim of denial of the right to be heard. Therefore, no good cause was demonstrated for extension of time.

Citation
elius mwakalinga vs dimina kagaruki others 2019 tzca 650 22 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
22 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 against the judgment and order of the Court of Appeal

Ratio Decidendi

The applicant failed to account for each day of the 37-day delay between the striking out of the previous application and the filing of the present one, and did not substantiate the claim of denial of the right to be heard. Therefore, no good cause was demonstrated for extension of time.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time is dismissed with costs