ibrahim ally vs susaza nakembetwa samson 2021 tzhc 9457 6 december 2021

ibrahim ally vs susaza nakembetwa samson 2021 tzhc 9457 6 december 2021

The applicant failed to provide sufficient and specific reasons for the delay, as the illness was generalized and not shown to have incapacitated him for the entire period. The delay was excessive, prospects of success were not demonstrated, and granting the extension would prejudice the respondent who has already executed the judgment.

Citation
ibrahim ally vs susaza nakembetwa samson 2021 tzhc 9457 6 december 2021
Parties
Applicant: Ibrahim Ally; Respondent: Suzana Nakembetwa Samson
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 December 2021
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application dismissed
Legal Topics
Extension of Time, Right to Be Heard, Delay in Filing Appeal, Execution of Judgment
Source Language
English
Civil Procedure Land Law Extension of Time Right to Be Heard Delay in Filing Appeal Execution of Judgment

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Parties

Ibrahim Ally

Applicant

Suzana Nakembetwa Samson

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has adduced sufficient reason for extension of time to appeal
  2. 2 Whether sickness constitutes good cause for delay
  3. 3 Whether execution of judgment affects the application for extension of time

Ratio Decidendi

The applicant failed to provide sufficient and specific reasons for the delay, as the illness was generalized and not shown to have incapacitated him for the entire period. The delay was excessive, prospects of success were not demonstrated, and granting the extension would prejudice the respondent who has already executed the judgment.

Court Disposition

Application dismissed

Orders

  • Application for extension of time to appeal is dismissed
  • No order as to costs