isaac minja vs the registered trustees of chama cha mapinduzi 3 others 2022 tzhclandd 12467 31 october 2022

isaac minja vs the registered trustees of chama cha mapinduzi 3 others 2022 tzhclandd 12467 31 october 2022

The applicant failed to account for every day of the delay of over four years between the judgment and the application for extension of time. Medical evidence provided did not cover the entire period, and the applicant's attendance at clinics did not preclude filing the Notice of Appeal. Therefore, the application lacked merit and was dismissed.

Citation
isaac minja vs the registered trustees of chama cha mapinduzi 3 others 2022 tzhclandd 12467 31 october 2022
Parties
Applicant: Isaac Minja; 1st Respondent: The Registered Trustees of Chama Cha Mapinduzi; 2nd Respondent: Temeke Municipal Council; 3rd Respondent: The Commissioner for Lands; 4th Respondent: The Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
31 October 2022
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to File Notice of Appeal
Outcome
Application dismissed
Legal Topics
Extension of Time, Notice of Appeal, Limitation of Actions, Judicial Discretion
Source Language
English
Civil Procedure Land Law Extension of Time Notice of Appeal Limitation of Actions Judicial Discretion

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Isaac Minja

Applicant

The Registered Trustees of Chama Cha Mapinduzi

1st Respondent

Temeke Municipal Council

2nd Respondent

The Commissioner for Lands

3rd Respondent

The Attorney General

4th Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file a Notice of Appeal out of time
  2. 2 Whether the applicant has accounted for every day of delay

Ratio Decidendi

The applicant failed to account for every day of the delay of over four years between the judgment and the application for extension of time. Medical evidence provided did not cover the entire period, and the applicant's attendance at clinics did not preclude filing the Notice of Appeal. Therefore, the application lacked merit and was dismissed.

Court Disposition

Application dismissed

Orders

  • Application for extension of time to file Notice of Appeal out of time is dismissed.
  • No order as to costs.