laurent benedict vs alistidia benedicto and 2 others 2020 tzhc 4252 4 december 2020

The applicant failed to demonstrate sufficient cause for extension of time, and the application was improperly brought after dismissal of the initial appeal. The proper remedy was to appeal against the dismissal order, not to seek extension of time.

Citation: laurent benedict vs alistidia benedicto and 2 others 2020 tzhc 4252 4 december 2020
Parties: Applicant: Laurent Benedict; 1st Respondent: Alistidia Benedicto; 2nd Respondent: Redemta Benedicto; 3rd Respondent: Joharitha Benedicto
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 4 December 2020
Procedural Posture: Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome: Application dismissed
Legal Topics: Extension of Time, Appeal Procedure, Locus Standi, Limitation of Actions
Source Language: English

Civil Procedure Land Law Extension of Time Appeal Procedure Locus Standi Limitation of Actions

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2

Parties

Laurent Benedict

Applicant

Alistidia Benedicto

1st Respondent

Redemta Benedicto

2nd Respondent

Joharitha Benedicto

3rd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

Legal Issues

1 Whether the applicant has shown sufficient cause for extension of time to file an appeal
2 Whether the application is properly before the court under the cited provisions
3 Whether the applicant was negligent in pursuing his rights

Ratio Decidendi

Court Disposition

Application dismissed