mariam y abeid vs kuraishi idris kosku another 2020 tzhclandd 3936 18 december 2020

mariam y abeid vs kuraishi idris kosku another 2020 tzhclandd 3936 18 december 2020

The applicant failed to account for the three-year delay between the judgment and the application for extension of time. General assertions of following up evidence without specific proof for the period are insufficient. The reasons advanced relate to the merits of review, not to the justification for extension of time. The delay is inordinate and unaccounted for, thus the application is devoid of merit.

Citation
mariam y abeid vs kuraishi idris kosku another 2020 tzhclandd 3936 18 december 2020
Parties
Applicant: Mariam Y. Abeid; 1st Respondent: Kuraishi Idris Kosku; 2nd Respondent: Ziaul-Islam Abdulaziz
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
18 December 2020
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to File Review
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Review of Judgment, Limitation of Actions
Source Language
English
Civil Procedure Land Law Extension of Time Review of Judgment Limitation of Actions

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Parties

Mariam Y. Abeid

Applicant

Kuraishi Idris Kosku

1st Respondent

Ziaul-Islam Abdulaziz

2nd Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether sufficient cause has been established to grant extension of time to file an application for review

Ratio Decidendi

The applicant failed to account for the three-year delay between the judgment and the application for extension of time. General assertions of following up evidence without specific proof for the period are insufficient. The reasons advanced relate to the merits of review, not to the justification for extension of time. The delay is inordinate and unaccounted for, thus the application is devoid of merit.

Court Disposition

Application dismissed with costs

Orders

  • The application for extension of time to file review is dismissed with costs.