joachimu mwanakulya vs gervas kagosha another 2020 tzhclandd 2191 29 september 2020

joachimu mwanakulya vs gervas kagosha another 2020 tzhclandd 2191 29 september 2020

The applicant failed to provide sufficient cause for the delay, did not account for every day of delay, and the alleged illegality was not apparent on the face of the record. Negligence of counsel and citing the wrong law do not justify extension of time.

Citation
joachimu mwanakulya vs gervas kagosha another 2020 tzhclandd 2191 29 september 2020
Parties
Applicant: Joachimu Mwanakulya; Respondent: Gervas Kagosha; Respondent: James Kagosha
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
29 September 2020
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Appeals, Sufficient Cause for Delay, Illegality as Ground for Extension
Source Language
English
Land Law Civil Procedure Extension of Time Appeals Sufficient Cause for Delay Illegality as Ground for Extension

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 4 Authorities cited 18 Party arguments 2
Sign in to unlock

Parties

Joachimu Mwanakulya

Applicant

Gervas Kagosha

Respondent

James Kagosha

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 alleged illegality in the tribunal's decision constitutes sufficient ground for extension of time

Ratio Decidendi

The applicant failed to provide sufficient cause for the delay, did not account for every day of delay, and the alleged illegality was not apparent on the face of the record. Negligence of counsel and citing the wrong law do not justify extension of time.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time to appeal is dismissed with costs