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The applicant failed to account for each day of delay between the end of his documented illness and the filing of subsequent applications, and did not provide sufficient evidence or justification for the entire period of delay. Grounds of illegality and chances of success were either not properly pleaded or misplaced. The application lacked merit and was dismissed.

Citation
image0017
Parties
Applicant: Hamisi Ally Kwembe; 1st Respondent: Siamini Markus Komba; 2nd Respondent: Morogoro Municipal Council; 3rd Respondent: Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2007
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome
Application dismissed
Legal Topics
Extension of Time, Re Admission of Appeal, Limitation of Actions, Sickness as Ground for Extension, Technical Delay, Illegality as Ground for Extension
Source Language
English

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Parties

Hamisi Ally Kwembe

Applicant

Siamini Markus Komba

1st Respondent

Morogoro Municipal Council

2nd Respondent

Attorney General

3rd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file an application for re-admission of Land Appeal No. 46 of 2018

Ratio Decidendi

The applicant failed to account for each day of delay between the end of his documented illness and the filing of subsequent applications, and did not provide sufficient evidence or justification for the entire period of delay. Grounds of illegality and chances of success were either not properly pleaded or misplaced. The application lacked merit and was dismissed.

Court Disposition

Application dismissed

Orders

  • Application for extension of time to file application for re-admission of Land Appeal No. 46 of 2018 is dismissed
  • No order as to costs