RWABUTAZA

RWABUTAZA

The applicant failed to show sufficient cause for extension of time as the alleged technical delay was not substantiated by evidence in the affidavit, and grounds of illegality were not pleaded in the affidavit. The application was filed out of time without diligence.

Citation
RWABUTAZA
Parties
Applicant: Robert Rwabutaza; Respondent: Jesca Juma
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
31 October 2024
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Appeals, Affidavit Evidence, Technical Delay
Source Language
English
Land Law Civil Procedure Extension of Time Appeals Affidavit Evidence Technical Delay

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Parties

Robert Rwabutaza

Applicant

Jesca Juma

Respondent

Procedural Posture

Miscellaneous Land 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 appeal
  2. 2 Whether technical delay due to network/system migration constitutes sufficient cause
  3. 3 Whether grounds of illegality can be considered if not pleaded in the affidavit

Ratio Decidendi

The applicant failed to show sufficient cause for extension of time as the alleged technical delay was not substantiated by evidence in the affidavit, and grounds of illegality were not pleaded in the affidavit. The application was filed out of time without diligence.

Court Disposition

Application dismissed with costs

Orders

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