erick joshua vs peter kaliwame 2021 tzhc 5472 9 august 2021

erick joshua vs peter kaliwame 2021 tzhc 5472 9 august 2021

Applicant failed to account for the period of delay between withdrawal of the review application and filing the present application, and did not demonstrate that the alleged illegality was apparent on the face of the record; thus, no sufficient grounds for extension of time were established.

Citation
erick joshua vs peter kaliwame 2021 tzhc 5472 9 august 2021
Parties
Applicant: Erick Joshua; Respondent: Peter Kaliwame
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
9 August 2021
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to File Notice of Appeal and Leave to Appeal
Outcome
Application dismissed
Legal Topics
Extension of Time, Appeals, Illegality as Ground for Extension, Land Ownership Dispute
Source Language
English
Civil Procedure Land Law Extension of Time Appeals Illegality as Ground for Extension Land Ownership Dispute

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Erick Joshua

Applicant

Peter Kaliwame

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has demonstrated sufficient reasons for extension of time to file notice of appeal and leave to appeal
  2. 2 Whether alleged illegality in the impugned decision constitutes a sufficient ground for extension of time

Ratio Decidendi

Applicant failed to account for the period of delay between withdrawal of the review application and filing the present application, and did not demonstrate that the alleged illegality was apparent on the face of the record; thus, no sufficient grounds for extension of time were established.

Court Disposition

Application dismissed

Orders

  • Application for extension of time is dismissed for failure to demonstrate sufficient reasons for delay.
  • Respondent is awarded costs.