htt infranco ltd vs rahabu simlaga 2020 tzhc 4097 26 november 2020

htt infranco ltd vs rahabu simlaga 2020 tzhc 4097 26 november 2020

Applicant failed to show sufficient cause for delay as Tribunal records showed judgment and decree were available on 30th January 2020, and no illegality was established regarding the reading of assessors' opinions.

Citation
htt infranco ltd vs rahabu simlaga 2020 tzhc 4097 26 november 2020
Parties
Applicant: HTT Infranco Ltd; 1st Respondent: Rahabu Samlaga Mwakafwila; 2nd Respondent: Ahazi Robert Mwampagama; 3rd Respondent: Martin Kalambo (As Administrator of the Estate of the Late Selemani Kalambo Mwampagama); 4th Respondent: Vodacom (T) Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 November 2020
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Appeal Procedure, Illegality as Ground for Extension, Authenticity of Court Records
Source Language
English
Civil Procedure Land Law Extension of Time Appeal Procedure Illegality as Ground for Extension Authenticity of Court Records

Case Brief

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Parties

HTT Infranco Ltd

Applicant

Rahabu Samlaga Mwakafwila

1st Respondent

Ahazi Robert Mwampagama

2nd Respondent

Martin Kalambo (As Administrator of the Estate of the Late Selemani Kalambo Mwampagama)

3rd Respondent

Vodacom (T) Ltd

4th Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether sufficient cause was shown to warrant extension of time to file an appeal out of time
  2. 2 Whether delay in obtaining the decree constituted sufficient cause
  3. 3 Whether alleged illegality in the Tribunal's decision justified extension of time

Ratio Decidendi

Applicant failed to show sufficient cause for delay as Tribunal records showed judgment and decree were available on 30th January 2020, and no illegality was established regarding the reading of assessors' opinions.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time is dismissed
  • Applicant to pay costs