emmanuel getigan gherabaster vs said nassor said 2022 tzhclandd 12268 13 september 2022

emmanuel getigan gherabaster vs said nassor said 2022 tzhclandd 12268 13 september 2022

The applicant failed to show sufficient cause for the delay as the alleged technical delay was not pleaded in the affidavit and no explanation was given for the failure to file the application in time. The application was therefore dismissed for lack of merit.

Citation
emmanuel getigan gherabaster vs said nassor said 2022 tzhclandd 12268 13 september 2022
Parties
Applicant: Emmanuel Gitigan Gherabaster; Respondent: Said Nassor Said
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
13 September 2022
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Stay of Proceedings, Res Subjudice, Technical Delay
Source Language
English
Civil Procedure Land Law Extension of Time Stay of Proceedings Res Subjudice Technical Delay

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Parties

Emmanuel Gitigan Gherabaster

Applicant

Said Nassor Said

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to apply for stay of hearing of counter claim in Land Case No. 190 of 2021

Ratio Decidendi

The applicant failed to show sufficient cause for the delay as the alleged technical delay was not pleaded in the affidavit and no explanation was given for the failure to file the application in time. The application was therefore dismissed for lack of merit.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed with costs