MISC LAND APPLICATION NO 23188 of 2024 JANEFAITH MDAMI KASAMALA VS ANUSIATA KIBENA 2

MISC LAND APPLICATION NO 23188 of 2024 JANEFAITH MDAMI KASAMALA VS ANUSIATA KIBENA 2

The applicant failed to provide sufficient cause for the delay and did not account for each day of delay with credible evidence. Mere assertions without proof do not satisfy the legal threshold for extension of time.

Citation
MISC LAND APPLICATION NO 23188 of 2024 JANEFAITH MDAMI KASAMALA VS ANUSIATA KIBENA 2
Parties
Applicant: Janefaith Mdami Kasamala; 1st Respondent: Anusiata Kibena; 2nd Respondent: Morogoro Municipal Council; 3rd Respondent: The Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Dismissal for Want of Prosecution, Sufficient Cause, Affidavit Evidence
Source Language
English
Civil Procedure Land Law Extension of Time Dismissal for Want of Prosecution Sufficient Cause Affidavit Evidence

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Parties

Janefaith Mdami Kasamala

Applicant

Anusiata Kibena

1st Respondent

Morogoro Municipal Council

2nd Respondent

The Attorney General

3rd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to set aside dismissal order
  2. 2 Whether the applicant has accounted for each day of delay

Ratio Decidendi

The applicant failed to provide sufficient cause for the delay and did not account for each day of delay with credible evidence. Mere assertions without proof do not satisfy the legal threshold for extension of time.

Court Disposition

Application dismissed with costs

Orders

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