fortunatus joseph dosla v leticia fortunatus 2 others 2023 tzhclandd 17094 3 november 2023

fortunatus joseph dosla v leticia fortunatus 2 others 2023 tzhclandd 17094 3 november 2023

The applicant failed to account for the period of delay between receiving the certified copies and filing the application for extension of time. The applicant had sufficient time to file the appeal within the statutory period and did not provide good cause for not doing so. The law assists those who are vigilant, not those who sleep on their rights. Therefore, the application for extension of time is misconceived and devoid of merit.

Citation
fortunatus joseph dosla v leticia fortunatus 2 others 2023 tzhclandd 17094 3 november 2023
Parties
Applicant: Fortunatus Joseph Dosla; 1st Respondent: Leticia Fortunatus; 2nd Respondent: Martha Abisai Mgawanyi; 3rd Respondent: Juma Makauni
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
3 November 2023
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome
Application dismissed
Legal Topics
Extension of Time, Appeals, Limitation of Actions
Source Language
English
Land Law Civil Procedure Extension of Time Appeals Limitation of Actions

Case Brief

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Parties

Fortunatus Joseph Dosla

Applicant

Leticia Fortunatus

1st Respondent

Martha Abisai Mgawanyi

2nd Respondent

Juma Makauni

3rd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant demonstrated sufficient cause for extension of time to file an appeal out of time

Ratio Decidendi

The applicant failed to account for the period of delay between receiving the certified copies and filing the application for extension of time. The applicant had sufficient time to file the appeal within the statutory period and did not provide good cause for not doing so. The law assists those who are vigilant, not those who sleep on their rights. Therefore, the application for extension of time is misconceived and devoid of merit.

Court Disposition

Application dismissed

Orders

  • The application for extension of time is dismissed for lack of merit.
  • The applicant is to pay costs of the application.