20140829 TZHC Iringa

20140829 TZHC Iringa

The applicant failed to provide evidence of having requested copies of the ruling, proceedings, and order from the District Tribunal, and did not annex the alleged application letter to the affidavit. Without such evidence, the claim of delay due to waiting for documents is unsubstantiated. Therefore, no sufficient cause for extension of time was established.

Citation
20140829 TZHC Iringa
Parties
Applicant: Hussein Chota; First Respondent: Mufindi District Council; Second Respondent: Pascal Mbwilo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 August 2014
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application refused
Legal Topics
Extension of Time, Limitation of Actions, Appeals Procedure, Preliminary Objections
Source Language
English
Civil Procedure Land Law Extension of Time Limitation of Actions Appeals Procedure Preliminary Objections

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Parties

Hussein Chota

Applicant

Mufindi District Council

First Respondent

Pascal Mbwilo

Second Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file an appeal
  2. 2 Whether the decision appealed against is appellable

Ratio Decidendi

The applicant failed to provide evidence of having requested copies of the ruling, proceedings, and order from the District Tribunal, and did not annex the alleged application letter to the affidavit. Without such evidence, the claim of delay due to waiting for documents is unsubstantiated. Therefore, no sufficient cause for extension of time was established.

Court Disposition

Application refused

Orders

  • Application for extension of time is refused
  • Respondents are awarded costs