hamza athumani mwingwa vs hassan mussa msami another 2021 tzhclandd 6876 25 november 2021
The applicant's written submissions were filed out of time without leave of the court, which is treated as non-filing and amounts to failure to prosecute the application, warranting dismissal.
- Citation
- hamza athumani mwingwa vs hassan mussa msami another 2021 tzhclandd 6876 25 november 2021
- Parties
- Applicant: Hamza Athumani Mwingwa; 1st Respondent: Hassani Musa Msami; 2nd Respondent: Mwajuma Hussein Mbelwa
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 25 November 2021
- Procedural Posture
- Miscellaneous Land Case Application / Ruling on Application for Extension of Time
- Outcome
- Application dismissed for want of prosecution
- Legal Topics
- Extension of Time, Written Submissions, Dismissal for Want of Prosecution
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Hamza Athumani Mwingwa
Applicant
Hassani Musa Msami
1st Respondent
Mwajuma Hussein Mbelwa
2nd Respondent
Procedural Posture
Miscellaneous Land Case Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the applicant is entitled to extension of time to lodge notice of appeal and related applications
- 2 Effect of filing written submissions out of time without leave of the court
Ratio Decidendi
The applicant's written submissions were filed out of time without leave of the court, which is treated as non-filing and amounts to failure to prosecute the application, warranting dismissal.
Court Disposition
Application dismissed for want of prosecution
Orders
- No order as to costs
Full Case Text
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