ibrahim twahil kusundwa another vs epimaki s mkoi another 2022 tzca 625 13 october 2022

ibrahim twahil kusundwa another vs epimaki s mkoi another 2022 tzca 625 13 october 2022

Applicants failed to account for each day of delay as required by law, and the alleged illegality could not be addressed in the intended application for stay of execution; thus, no good cause for extension of time was shown.

Citation
ibrahim twahil kusundwa another vs epimaki s mkoi another 2022 tzca 625 13 october 2022
Parties
1st Applicant: Ibrahim Twahil Kusundwa; 2nd Applicant: Ibrahim Twahil Kusundwa (As an administrator of the estate of the late Twahil Selemani Kusundwa); 1st Respondent: Epimaki S. Makoi; 2nd Respondent: Prima A. Mushi
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
13 October 2022
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to Apply for Stay of Execution
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Stay of Execution, Illegality as Ground for Extension, Accounting for Delay
Source Language
English
Civil Procedure Land Law Extension of Time Stay of Execution Illegality as Ground for Extension Accounting for Delay

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Parties

Ibrahim Twahil Kusundwa

1st Applicant

Ibrahim Twahil Kusundwa (As an administrator of the estate of the late Twahil Selemani Kusundwa)

2nd Applicant

Epimaki S. Makoi

1st Respondent

Prima A. Mushi

2nd Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time to Apply for Stay of Execution

Legal Issues

  1. 1 Whether the applicants have shown good cause for extension of time to apply for stay of execution
  2. 2 Whether alleged illegality in the impugned decision constitutes sufficient ground for extension of time

Ratio Decidendi

Applicants failed to account for each day of delay as required by law, and the alleged illegality could not be addressed in the intended application for stay of execution; thus, no good cause for extension of time was shown.

Court Disposition

Application dismissed with costs

Orders

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