rev peter peter junior vs bakari shabani makamba 3 others 2022 tzhclandd 12522 17 october 2022

rev peter peter junior vs bakari shabani makamba 3 others 2022 tzhclandd 12522 17 october 2022

The applicant failed to provide sufficient reasons and did not account for each day of the delay as required by law. The reasons advanced were not substantiated in the affidavit, and the claim of seeking legal assistance was not supported by evidence. Therefore, the application for enlargement of time lacks merit and is dismissed.

Citation
rev peter peter junior vs bakari shabani makamba 3 others 2022 tzhclandd 12522 17 october 2022
Parties
Applicant: Rev. Peter Peter Junior; 1st Respondent: Bakari Shabani Makamba (Administrator of Dickson Shabani Makamba); 2nd Respondent: Tigo Tanzania Limited; 3rd Respondent: Airtel Tanzania Limited; 4th Respondent: Hussein Ally Salum
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
17 October 2022
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Enlargement of Time
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Dismissal of Suit, Setting Aside Dismissal, Judicial Discretion, Technical Delay
Source Language
English
Civil Procedure Land Law Extension of Time Dismissal of Suit Setting Aside Dismissal Judicial Discretion Technical Delay

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Parties

Rev. Peter Peter Junior

Applicant

Bakari Shabani Makamba (Administrator of Dickson Shabani Makamba)

1st Respondent

Tigo Tanzania Limited

2nd Respondent

Airtel Tanzania Limited

3rd Respondent

Hussein Ally Salum

4th Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Enlargement of Time

Legal Issues

  1. 1 Whether the applicant has provided sufficient reasons to warrant enlargement of time to set aside the dismissal order in Land Case No. 292 of 2016

Ratio Decidendi

The applicant failed to provide sufficient reasons and did not account for each day of the delay as required by law. The reasons advanced were not substantiated in the affidavit, and the claim of seeking legal assistance was not supported by evidence. Therefore, the application for enlargement of time lacks merit and is dismissed.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed for want of merit
  • Applicant to pay costs