rehema yacuub others vs amiri malema 2021 tzhc 9089 29 october 2021

rehema yacuub others vs amiri malema 2021 tzhc 9089 29 october 2021

Applicants failed to account for the period of delay between the striking out of their previous appeal and the filing of the present application, and the alleged illegality was not raised in the affidavit. Therefore, no sufficient cause was demonstrated for extension of time.

Citation
rehema yacuub others vs amiri malema 2021 tzhc 9089 29 october 2021
Parties
Applicant: Rehema Yacuub; Applicant: Alima Yacuub; Applicant: Aziza Yacuub; Respondent: Amiri Malema
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 October 2021
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Affidavit Evidence, Illegality as Ground for Extension, Delay in Filing Appeal
Source Language
English
Civil Procedure Land Law Extension of Time Affidavit Evidence Illegality as Ground for Extension Delay in Filing Appeal

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Parties

Rehema Yacuub

Applicant

Alima Yacuub

Applicant

Aziza Yacuub

Applicant

Amiri Malema

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicants demonstrated sufficient cause for extension of time to file an appeal
  2. 2 Whether alleged illegality constitutes sufficient reason for extension of time

Ratio Decidendi

Applicants failed to account for the period of delay between the striking out of their previous appeal and the filing of the present application, and the alleged illegality was not raised in the affidavit. Therefore, no sufficient cause was demonstrated for extension of time.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time is dismissed with costs.