maulid mussa kibai and others vs immam taqwa mosque 2023 tzca 222 4 may 2023

maulid mussa kibai and others vs immam taqwa mosque 2023 tzca 222 4 may 2023

Applicants failed to account for each day of delay and did not demonstrate sufficient cause or apparent illegality in the impugned decision; inadvertence without prompt remedial action does not justify extension; application dismissed.

Source-derived case information.

Citation
maulid mussa kibai and others vs immam taqwa mosque 2023 tzca 222 4 may 2023
Parties
Applicant: Maulid Mussa Kibai; Applicant: Selemani Hassan Mikindo; Applicant: Monika Iloti; Applicant: Kabulule Mazengo Iloti; Applicant: Emil Kusaja; Applicant: Audax Mtemba; Respondent: Immam Taqwa Mosque
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
4 May 2023
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Outcome
application dismissed with costs
Legal Topics
Extension of Time, Service of Documents, Illegality as Ground for Extension, Delay Accountability
Source Language
english
Civil Procedure Land Law Extension of Time Service of Documents Illegality as Ground for Extension Delay Accountability

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Parties

Maulid Mussa Kibai

Applicant

Selemani Hassan Mikindo

Applicant

Monika Iloti

Applicant

Kabulule Mazengo Iloti

Applicant

Emil Kusaja

Applicant

Audax Mtemba

Applicant

Immam Taqwa Mosque

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether applicants have shown good cause for extension of time to serve respondent with letter applying for copy of proceedings and memorandum and record of appeal
  2. 2 Whether alleged illegality in the impugned decision constitutes sufficient ground for extension

Ratio Decidendi

Applicants failed to account for each day of delay and did not demonstrate sufficient cause or apparent illegality in the impugned decision; inadvertence without prompt remedial action does not justify extension; application dismissed.

Court Disposition

application dismissed with costs

Orders

  • application dismissed
  • costs awarded to respondent