masumbuko rashid lyeselo vs mgomi kessy kongwa and 3 others 2021 tzhclandd 775 11 october 2021

masumbuko rashid lyeselo vs mgomi kessy kongwa and 3 others 2021 tzhclandd 775 11 october 2021

Applicant failed to establish sufficient reasons for delay; advocate's negligence and alleged illegality were not apparent on the face of record; court cannot exercise discretion to grant extension of time without clear good cause.

Citation
masumbuko rashid lyeselo vs mgomi kessy kongwa and 3 others 2021 tzhclandd 775 11 october 2021
Parties
Applicant: Masumbuko Rashid Lyeselo; 1st Respondent: Mgomi Kessy Kongwa; 2nd Respondent: Jumanne Sultan Kihambwe; 3rd Respondent: KAM Commercial Services; 4th Respondent: Mohamed Kaisi
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
11 October 2021
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to File Appeal
Outcome
Application dismissed with costs for want of merit.
Legal Topics
Extension of Time, Advocate Negligence, Illegality as Ground for Extension, Dismissal of Application
Source Language
English
Land Law Civil Procedure Extension of Time Advocate Negligence Illegality as Ground for Extension Dismissal of Application

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Parties

Masumbuko Rashid Lyeselo

Applicant

Mgomi Kessy Kongwa

1st Respondent

Jumanne Sultan Kihambwe

2nd Respondent

KAM Commercial Services

3rd Respondent

Mohamed Kaisi

4th Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether sufficient reasons exist to grant extension of time to file appeal
  2. 2 Whether advocate's negligence constitutes good cause for extension
  3. 3 Whether illegality is apparent on the face of record to warrant extension

Ratio Decidendi

Applicant failed to establish sufficient reasons for delay; advocate's negligence and alleged illegality were not apparent on the face of record; court cannot exercise discretion to grant extension of time without clear good cause.

Court Disposition

Application dismissed with costs for want of merit.

Orders

  • Application dismissed
  • Applicant to pay costs