mostaquim murtaza darugar vs magereth john mbombo 2 others 2021 tzhclandd 643 6 october 2021

mostaquim murtaza darugar vs magereth john mbombo 2 others 2021 tzhclandd 643 6 october 2021

The applicant provided sufficient cause for the delay, namely sickness, supported by affidavit and medical report. The law does not require a discharge report or specific medical documentation in every case; an affidavit may suffice depending on circumstances. The applicant's reasons were found credible and...

Source-derived case information.

Citation
mostaquim murtaza darugar vs magereth john mbombo 2 others 2021 tzhclandd 643 6 october 2021
Parties
Applicant: Mostaquim Murtaza Darugar; 1st Respondent: Magereth John Mbombo; 2nd Respondent: Gervas Ndyamkama; 3rd Respondent: Emmanuel Molel
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
6 October 2021
Procedural Posture
Miscellaneous Land Case Application / Ruling on Application for Extension of Time
Outcome
Application allowed
Legal Topics
Extension of Time, Sufficient Cause, Sickness as Ground for Delay, Setting Aside Dismissal Order
Source Language
english
Civil Procedure Land Law Extension of Time Sufficient Cause Sickness as Ground for Delay Setting Aside Dismissal Order

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Parties

Mostaquim Murtaza Darugar

Applicant

Magereth John Mbombo

1st Respondent

Gervas Ndyamkama

2nd Respondent

Emmanuel Molel

3rd Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file an application to set aside a dismissal order

Ratio Decidendi

The applicant provided sufficient cause for the delay, namely sickness, supported by affidavit and medical report. The law does not require a discharge report or specific medical documentation in every case; an affidavit may suffice depending on circumstances. The applicant's reasons were found credible and sufficient for extension of time.

Court Disposition

Application allowed

Orders

  • Applicant to file application to set aside dismissal order in Land Case No. 102 of 2016 within 30 days of this ruling
  • Costs to be shouldered by the applicant