Misc

Misc

The applicant failed to account for the 32-day delay between the dismissal of the restoration application and the filing of the present application. No sufficient cause for the delay was shown, and no illegality apparent on the face of the record was demonstrated. The tribunal's dismissal for non-appearance was within its discretion and did not constitute an obvious illegality.

Citation
Misc
Parties
Applicant: Mbwana Sudi Mangamana; 1st Respondent: Ally Mohamed Kiogo; 2nd Respondent: Fatuma Omary
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome
Application dismissed
Legal Topics
Extension of Time, Limitation of Actions, Restoration of Dismissed Suit, Fair Hearing, Illegality as Ground for Extension
Source Language
English
Civil Procedure Land Law Extension of Time Limitation of Actions Restoration of Dismissed Suit Fair Hearing Illegality as Ground for Extension

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Parties

Mbwana Sudi Mangamana

Applicant

Ally Mohamed Kiogo

1st Respondent

Fatuma Omary

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant demonstrated sufficient cause for delay in filing the application for restoration
  2. 2 Whether alleged illegality justifies extension of time

Ratio Decidendi

The applicant failed to account for the 32-day delay between the dismissal of the restoration application and the filing of the present application. No sufficient cause for the delay was shown, and no illegality apparent on the face of the record was demonstrated. The tribunal's dismissal for non-appearance was within its discretion and did not constitute an obvious illegality.

Court Disposition

Application dismissed

Orders

  • No order as to costs