20191204 TZCA Mwanza
The appellant failed to account for the delay after receiving the judgment and did not demonstrate good and sufficient cause; the High Court judiciously exercised its discretion in refusing extension of time.
Source-derived case information.
- Citation
- 20191204 TZCA Mwanza
- Parties
- Appellant: Nyabazere Gora; Respondent: Charles Buya
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 4 December 2019
- Procedural Posture
- Civil Appeal / Final Appellate Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Extension of Time, Discretion of Court, Natural Justice, Ownership of Land
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nyabazere Gora
Appellant
Charles Buya
Respondent
Procedural Posture
Civil Appeal / Final Appellate Judgment
Legal Issues
- 1 Whether the High Court erred in refusing extension of time to appeal against DLHT decision
- 2 Whether the appellant demonstrated sufficient cause for delay
- 3 Whether the High Court exercised discretion judiciously
Ratio Decidendi
The appellant failed to account for the delay after receiving the judgment and did not demonstrate good and sufficient cause; the High Court judiciously exercised its discretion in refusing extension of time.
Court Disposition
appeal dismissed
Orders
- appeal dismissed in its entirety
- no order as to costs
Full Case Text
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