jason mutagulwa rwiza vs national housing corporation another 2018 tzhclandd 452 27 july 2018

jason mutagulwa rwiza vs national housing corporation another 2018 tzhclandd 452 27 july 2018

The applicant failed to account for each day of delay from the time he became aware of the dismissal to the time of filing the application. Gross negligence was established as the applicant did not make timely follow-ups or provide sufficient justification for the delay. No good cause was shown to warrant the court's discretion to grant extension of time.

Citation
jason mutagulwa rwiza vs national housing corporation another 2018 tzhclandd 452 27 july 2018
Parties
Applicant: Jason Mutagulwa Rwiza; 1st Respondent: National Housing Corporation; 2nd Respondent: Fosters Auctioneers & General Traders
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
27 July 2018
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, Setting Aside Dismissal Order, Limitation of Actions
Source Language
English
Civil Procedure Land Law Extension of Time Dismissal for Want of Prosecution Setting Aside Dismissal Order Limitation of Actions

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Parties

Jason Mutagulwa Rwiza

Applicant

National Housing Corporation

1st Respondent

Fosters Auctioneers & General Traders

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has shown good cause for extension of time to file an application to set aside a dismissal order out of time

Ratio Decidendi

The applicant failed to account for each day of delay from the time he became aware of the dismissal to the time of filing the application. Gross negligence was established as the applicant did not make timely follow-ups or provide sufficient justification for the delay. No good cause was shown to warrant the court's discretion to grant extension of time.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time is dismissed for want of merit with costs