musa manyaka vs attorney general and another 2021 tzhc 9181 3 december 2021

musa manyaka vs attorney general and another 2021 tzhc 9181 3 december 2021

The application was dismissed because the applicant failed to establish sufficient grounds for extension of time, did not account for the inordinate delay, and the alleged illegality was not apparent on the face of the record nor properly pleaded. The court also found the application to be an abuse of process as it sought to appeal a matter previously ruled as not appealable.

Citation
musa manyaka vs attorney general and another 2021 tzhc 9181 3 december 2021
Parties
Applicant: Musa Manyaka; 1st Respondent: The Attorney General; 2nd Respondent: The Inspector General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
3 December 2021
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time to File Notice of Appeal
Outcome
Application dismissed
Legal Topics
Extension of Time, Notice of Appeal, Abuse of Court Process, Limitation of Actions
Source Language
English
Civil Procedure Appellate Practice Extension of Time Notice of Appeal Abuse of Court Process Limitation of Actions

Case Brief

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Parties

Musa Manyaka

Applicant

The Attorney General

1st Respondent

The Inspector General

2nd Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has established sufficient grounds for extension of time to file notice of appeal
  2. 2 Whether the application is supported by a competent affidavit
  3. 3 Whether there is an apparent illegality justifying extension of time

Ratio Decidendi

The application was dismissed because the applicant failed to establish sufficient grounds for extension of time, did not account for the inordinate delay, and the alleged illegality was not apparent on the face of the record nor properly pleaded. The court also found the application to be an abuse of process as it sought to appeal a matter previously ruled as not appealable.

Court Disposition

Application dismissed

Orders

  • Application for extension of time to file notice of appeal is dismissed.
  • No order as to costs.