john ackley matoi vs khalid bakari kileo 2023 tzca 17576 31 august 2023

john ackley matoi vs khalid bakari kileo 2023 tzca 17576 31 august 2023

The applicant failed to account for every day of delay, particularly the period after being granted leave and certificate on points of law. No ground of illegality was explicitly raised in the notice of motion or supporting affidavit as required by law. Therefore, no good cause was shown to warrant extension of time.

Citation
john ackley matoi vs khalid bakari kileo 2023 tzca 17576 31 august 2023
Parties
Applicant: John Ackley Matoi; Respondent: Khalid Bakari Kileo
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
31 August 2023
Procedural Posture
Civil Reference / Ruling on Reference From Single Justice's Decision
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Illegality as Ground for Extension, Notice of Appeal, Service of Process, Appellate Procedure
Source Language
English
Civil Procedure Land Law Extension of Time Illegality as Ground for Extension Notice of Appeal Service of Process Appellate Procedure

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Parties

John Ackley Matoi

Applicant

Khalid Bakari Kileo

Respondent

Procedural Posture

Civil Reference / Ruling on Reference From Single Justice's Decision

Legal Issues

  1. 1 Whether the applicant accounted for all days of delay in seeking extension of time
  2. 2 Whether illegality was properly raised as a ground for extension of time

Ratio Decidendi

The applicant failed to account for every day of delay, particularly the period after being granted leave and certificate on points of law. No ground of illegality was explicitly raised in the notice of motion or supporting affidavit as required by law. Therefore, no good cause was shown to warrant extension of time.

Court Disposition

Application dismissed with costs

Orders

  • Application for reference dismissed
  • Applicant to pay costs