rajabu mwijuma hatibu vs sultan ally mkopi 2018 tzhclandd 48 23 march 2018

rajabu mwijuma hatibu vs sultan ally mkopi 2018 tzhclandd 48 23 march 2018

The application was brought under a wrong provision of law and is incompetent. Even if the provision was correct, the applicant failed to disclose sufficient reasons for delay. Filing appeals from Ward Tribunal does not require attachment of impugned decree and judgment.

Source-derived case information.

Citation
rajabu mwijuma hatibu vs sultan ally mkopi 2018 tzhclandd 48 23 march 2018
Parties
Applicant: Rajabu Mwinyijuma Hatibu; 1st Respondent: Sultan Ally Mkopi; 2nd Respondent: Mwinchande Hamisi Kijao
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
23 March 2018
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Limitation of Actions, Appeals From Ward Tribunal
Source Language
english
Civil Procedure Land Law Extension of Time Limitation of Actions Appeals From Ward Tribunal

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Parties

Rajabu Mwinyijuma Hatibu

Applicant

Sultan Ally Mkopi

1st Respondent

Mwinchande Hamisi Kijao

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the application for extension of time is competent before the court
  2. 2 Whether sufficient reasons for delay were disclosed

Ratio Decidendi

The application was brought under a wrong provision of law and is incompetent. Even if the provision was correct, the applicant failed to disclose sufficient reasons for delay. Filing appeals from Ward Tribunal does not require attachment of impugned decree and judgment.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed with costs