kinondoni municipal council vs anthony masanza another 2024 tzhc 903 15 march 2024

kinondoni municipal council vs anthony masanza another 2024 tzhc 903 15 march 2024

The applicant failed to demonstrate sufficient cause for the delay, did not account for each day of the 93-day delay, and the alleged illegalities were not apparent on the face of the record but rather constituted grounds of appeal. Therefore, the application for extension of time was dismissed.

Source-derived case information.

Citation
kinondoni municipal council vs anthony masanza another 2024 tzhc 903 15 march 2024
Parties
Applicant: Kinondoni Municipal Council; 1st Respondent: Anthony Masanza; 2nd Respondent: Stara Mponda
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 March 2024
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to File Notice of Appeal
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Illegality as Ground for Extension, Notice of Appeal, Limitation of Actions
Source Language
english
Civil Procedure Land Law Extension of Time Illegality as Ground for Extension Notice of Appeal Limitation of Actions

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Parties

Kinondoni Municipal Council

Applicant

Anthony Masanza

1st Respondent

Stara Mponda

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time to File Notice of Appeal

  1. 1 Whether the applicant demonstrated sufficient cause for extension of time to file notice of appeal
  2. 2 Whether alleged illegality in the impugned decision constitutes sufficient ground for extension

Ratio Decidendi

The applicant failed to demonstrate sufficient cause for the delay, did not account for each day of the 93-day delay, and the alleged illegalities were not apparent on the face of the record but rather constituted grounds of appeal. Therefore, the application for extension of time was dismissed.

Court Disposition

Application dismissed with costs

Orders

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