20151119 TZHC Moshi

20151119 TZHC Moshi

Applicant failed to provide reasons for delay in filing appeal against tribunal decision; reasons given related only to delay in filing present application, not original appeal. Court cannot grant extension where sufficient cause is not shown.

Citation
20151119 TZHC Moshi
Parties
Applicant: Hophen Senyael Kileo; 1st Respondent: Stanley Erenest; 2nd Respondent: Hadija Marishi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 November 2015
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Outcome
Application dismissed with costs.
Legal Topics
Extension of Time, Appeal Procedure, Limitation of Actions
Source Language
English
Civil Procedure Land Law Extension of Time Appeal Procedure Limitation of Actions

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Parties

Hophen Senyael Kileo

Applicant

Stanley Erenest

1st Respondent

Hadija Marishi

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether sufficient cause was shown for delay in filing appeal
  2. 2 Whether the court can grant extension of time to appeal out of time against tribunal decision

Ratio Decidendi

Applicant failed to provide reasons for delay in filing appeal against tribunal decision; reasons given related only to delay in filing present application, not original appeal. Court cannot grant extension where sufficient cause is not shown.

Court Disposition

Application dismissed with costs.

Orders

  • Application dismissed with costs.
  • Right of appeal explained.