lukani village council vs doris chavala 2015 tzhclandd 7 12 june 2015
The applicant failed to prove by evidence that he made diligent efforts to obtain the necessary documents within the limitation period, and did not demonstrate sufficient cause for the delay; mere allegations without proof are insufficient.
- Citation
- lukani village council vs doris chavala 2015 tzhclandd 7 12 june 2015
- Parties
- Applicant: Lukani Village Council; Respondent: Doris Chavala
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 12 June 2015
- Procedural Posture
- Misc. Land Case Application / Ruling on Application for Extension of Time to Appeal
- Outcome
- Application dismissed with costs
- Legal Topics
- Extension of Time, Limitation Period, Appeals, Proof of Sufficient Cause
- Source Language
- English
Case Brief
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Parties
Lukani Village Council
Applicant
Doris Chavala
Respondent
Procedural Posture
Misc. Land Case Application / Ruling on Application for Extension of Time to Appeal
Legal Issues
- 1 Whether the applicant demonstrated sufficient cause for delay to warrant extension of time to appeal
- 2 Whether the applicant proved efforts to obtain judgment and proceedings within limitation period
Ratio Decidendi
The applicant failed to prove by evidence that he made diligent efforts to obtain the necessary documents within the limitation period, and did not demonstrate sufficient cause for the delay; mere allegations without proof are insufficient.
Court Disposition
Application dismissed with costs
Orders
- Application for extension of time is rejected and dismissed with costs
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