elizabeth samwel vs emmanuel michael and two others 2023 tzhc 20247 18 august 2023

elizabeth samwel vs emmanuel michael and two others 2023 tzhc 20247 18 august 2023

The applicant failed to account for each day of the inordinate delay after the period of prescribed light duties ended, and the alleged illegality was not properly pleaded in the affidavit nor did it pertain to the dismissal order being challenged. Therefore, no sufficient cause for extension of time was demonstrated.

Citation
elizabeth samwel vs emmanuel michael and two others 2023 tzhc 20247 18 august 2023
Parties
Applicant: Elizabeth Samweli; 1st Respondent: Emmanuel Michael; 2nd Respondent: Nassoro Michael; 3rd Respondent: Prisca Maleta
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 August 2023
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Dismissal Order, Setting Aside Dismissal, Sufficient Cause for Delay, Illegality as Ground for Extension
Source Language
English
Civil Procedure Land Law Extension of Time Dismissal Order Setting Aside Dismissal Sufficient Cause for Delay Illegality as Ground for Extension

Case Brief

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Parties

Elizabeth Samweli

Applicant

Emmanuel Michael

1st Respondent

Nassoro Michael

2nd Respondent

Prisca Maleta

3rd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant demonstrated sufficient cause for extension of time to set aside a dismissal order
  2. 2 Whether sickness and alleged illegality constitute good grounds for extension of time

Ratio Decidendi

The applicant failed to account for each day of the inordinate delay after the period of prescribed light duties ended, and the alleged illegality was not properly pleaded in the affidavit nor did it pertain to the dismissal order being challenged. Therefore, no sufficient cause for extension of time was demonstrated.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time is dismissed
  • Applicant to pay costs