elizabeth t balali vs peter amo another 2022 tzhclandd 12380 3 october 2022

elizabeth t balali vs peter amo another 2022 tzhclandd 12380 3 october 2022

The applicant failed to provide sufficient reasons for the delay and did not account for each day of delay as required by law. Filing an application for extension of time before expiry of the limitation period does not constitute good cause and demonstrates negligence. Alleged irregularities were not substantiated.

Source-derived case information.

Citation
elizabeth t balali vs peter amo another 2022 tzhclandd 12380 3 october 2022
Parties
Applicant: Elizabeth T. Balali; 1st Respondent: Peter Amo; 2nd Respondent: Titi Ponsian Nsabi
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
3 October 2022
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to File Leave to Appeal
Outcome
application dismissed with costs
Legal Topics
Extension of Time, Leave to Appeal, Computation of Limitation Period, Good Cause for Delay
Source Language
english
Civil Procedure Land Law Extension of Time Leave to Appeal Computation of Limitation Period Good Cause for Delay

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Parties

Elizabeth T. Balali

Applicant

Peter Amo

1st Respondent

Titi Ponsian Nsabi

2nd Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has shown good cause for extension of time to file leave to appeal
  2. 2 Whether the applicant has accounted for each day of delay
  3. 3 Whether alleged irregularities in the proceedings justify extension of time

Ratio Decidendi

The applicant failed to provide sufficient reasons for the delay and did not account for each day of delay as required by law. Filing an application for extension of time before expiry of the limitation period does not constitute good cause and demonstrates negligence. Alleged irregularities were not substantiated.

Court Disposition

application dismissed with costs

Orders

  • application for extension of time to file leave to appeal is dismissed
  • costs awarded to respondents