Halima Makwaia vs

Halima Makwaia vs

The dismissal order was made during court vacation in a non-criminal, non-urgent matter, contrary to the Court Vacations Rules; this constitutes sufficient cause to grant extension of time to apply for setting aside the dismissal order.

Citation
Halima Makwaia vs
Parties
Applicant: Halima Makwaia; 1st Respondent: Commissioner for Land; 2nd Respondent: The Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
26 March 2024
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Court Vacation, Dismissal for Want of Prosecution
Source Language
English
Civil Procedure Extension of Time Court Vacation Dismissal for Want of Prosecution

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Parties

Halima Makwaia

Applicant

Commissioner for Land

1st Respondent

The Attorney General

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether sufficient cause exists to grant extension of time to apply for setting aside a dismissal order made during court vacation

Ratio Decidendi

The dismissal order was made during court vacation in a non-criminal, non-urgent matter, contrary to the Court Vacations Rules; this constitutes sufficient cause to grant extension of time to apply for setting aside the dismissal order.

Court Disposition

Application granted

Orders

  • Time for the applicant to lodge an application for setting aside the dismissal order dated 26th March, 2024 is extended.
  • The applicant shall file the application within fourteen (14) days from the date of this ruling.