rhoda johnson balegeza vs leonard raphael mtunda another 2023 tzhclandd 57 28 february 2023

rhoda johnson balegeza vs leonard raphael mtunda another 2023 tzhclandd 57 28 february 2023

The applicant failed to provide sufficient reasons or account for the delay from the date of the impugned decision in 2017 until 2020. Mere narration of subsequent events and procedural steps taken after 2020 does not justify the inordinate delay. The applicant was aware of the proceedings and had opportunities to act earlier.

Citation
rhoda johnson balegeza vs leonard raphael mtunda another 2023 tzhclandd 57 28 february 2023
Parties
Applicant: Rhoda Johson Balegeza; 1st Respondent: Leonard Rapahel Mtunda; 2nd Respondent: Lolijo Mapasi Mkabe
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
28 February 2023
Procedural Posture
Miscellaneous Land Case Application / Ruling on Application for Extension of Time
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Revision, Limitation of Actions, Matrimonial Property, Functus Officio
Source Language
English
Civil Procedure Land Law Extension of Time Revision Limitation of Actions Matrimonial Property Functus Officio

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Parties

Rhoda Johson Balegeza

Applicant

Leonard Rapahel Mtunda

1st Respondent

Lolijo Mapasi Mkabe

2nd Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file an application for revision against the decision of Ilala District Land and Housing Tribunal in Land Application No. 39 of 2012

Ratio Decidendi

The applicant failed to provide sufficient reasons or account for the delay from the date of the impugned decision in 2017 until 2020. Mere narration of subsequent events and procedural steps taken after 2020 does not justify the inordinate delay. The applicant was aware of the proceedings and had opportunities to act earlier.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time is dismissed with costs