john kanon nkuba vs ubungo municipal council 2 others 2023 tzhclandd 17106 10 november 2023

john kanon nkuba vs ubungo municipal council 2 others 2023 tzhclandd 17106 10 november 2023

The applicant failed to account for the inordinate delay of 12 years, did not provide sufficient evidence that illness or death of advocate caused the delay, and did not demonstrate any apparent illegality in the impugned order. Therefore, no good cause was shown to warrant extension of time.

Citation
john kanon nkuba vs ubungo municipal council 2 others 2023 tzhclandd 17106 10 november 2023
Parties
Applicant: John Kanon Nkuba; 1st Respondent: Ubungo Municipal Council; 2nd Respondent: Mbezi Ward Executive Secretary; 3rd Respondent: Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
10 November 2023
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

John Kanon Nkuba

Applicant

Ubungo Municipal Council

1st Respondent

Mbezi Ward Executive Secretary

2nd Respondent

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 good cause for extension of time to set aside a dismissal order

Ratio Decidendi

The applicant failed to account for the inordinate delay of 12 years, did not provide sufficient evidence that illness or death of advocate caused the delay, and did not demonstrate any apparent illegality in the impugned order. Therefore, no good cause was shown to warrant extension of time.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time is dismissed with costs