john kimbory vs francis charles lubeti 2023 tzhclandd 16433 25 april 2023

john kimbory vs francis charles lubeti 2023 tzhclandd 16433 25 april 2023

The applicant failed to account for all days of delay, particularly the 24 days after receiving the ruling, and did not establish any apparent illegality in the decision sought to be appealed. Therefore, sufficient cause for extension of time was not shown.

Source-derived case information.

Citation
john kimbory vs francis charles lubeti 2023 tzhclandd 16433 25 april 2023
Parties
Applicant: John Kimbory; Respondent: Francis Charles Lubeti
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
25 April 2023
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, Limitation of Actions
Source Language
english
Land Law Civil Procedure Extension of Time Appeals Limitation of Actions

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Summary, issues, holding and outcome

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Parties

John Kimbory

Applicant

Francis Charles Lubeti

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 out of time
  2. 2 Whether delay was properly accounted for
  3. 3 Whether allegation of illegality was established

Ratio Decidendi

The applicant failed to account for all days of delay, particularly the 24 days after receiving the ruling, and did not establish any apparent illegality in the decision sought to be appealed. Therefore, sufficient cause for extension of time was not shown.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed
  • Applicant to pay costs