farida f mbarak another vs domina kagaruki others 2021 tzca 600 20 october 2021
The applicants failed to state sufficient grounds for extension of time in the notice of motion or supporting affidavit as required by law. The explanations for delay were only provided in submissions, which cannot be acted upon. Ignorance of law or confusion about the enabling provision is not a valid ground for...
Source-derived case information.
- Citation
- farida f mbarak another vs domina kagaruki others 2021 tzca 600 20 october 2021
- Parties
- Applicant: Farida F. Mbarak; Applicant: Farida Ahmed Mbaraka; Respondent: Domina Kagaruki; Respondent: Tanzania Building Agency; Respondent: The Commissioner for Lands; Respondent: Honourable The Attorney General; Respondent: Elius Mwakalinga
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 20 October 2021
- Procedural Posture
- Civil Reference / Ruling on Reference From Single Justice's Decision Refusing Extension of Time
- Outcome
- Application for reference dismissed with costs
- Legal Topics
- Extension of Time, Review of Judgment, Judicial Discretion, Natural Justice, Ignorance of Law
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Farida F. Mbarak
Applicant
Farida Ahmed Mbaraka
Applicant
Domina Kagaruki
Respondent
Tanzania Building Agency
Respondent
The Commissioner for Lands
Respondent
Honourable The Attorney General
Respondent
Elius Mwakalinga
Respondent
Procedural Posture
Civil Reference / Ruling on Reference From Single Justice's Decision Refusing Extension of Time
Legal Issues
- 1 Whether the applicants demonstrated good cause for extension of time to apply for review
- 2 Whether the grounds for extension of time were properly stated in the notice of motion or supporting affidavit
- 3 Whether the single Justice erred in refusing extension of time
Ratio Decidendi
The applicants failed to state sufficient grounds for extension of time in the notice of motion or supporting affidavit as required by law. The explanations for delay were only provided in submissions, which cannot be acted upon. Ignorance of law or confusion about the enabling provision is not a valid ground for extension. The single Justice exercised discretion properly and the refusal to extend time was justified.
Court Disposition
Application for reference dismissed with costs
Orders
- Application for reference is dismissed
- Applicants to pay costs
Full Case Text
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