rukia abdul upete vs irene rukia kweka and another 2022 tzhcld 1182 16 august 2022

rukia abdul upete vs irene rukia kweka and another 2022 tzhcld 1182 16 august 2022

Applicant failed to account for the prolonged delay and did not prove alleged illegality; negligence and lack of diligence preclude extension of time.

Citation
rukia abdul upete vs irene rukia kweka and another 2022 tzhcld 1182 16 august 2022
Parties
Applicant: Rukia Abdul Upete; 1st Respondent: Irene Rukia Kweka (Administrator of the Estate of the Late Juma Simbalimoto Mhelela); 2nd Respondent: Asha Mhelela
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
16 August 2022
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Appeals, Limitation of Actions, Illegality as Ground for Extension
Source Language
English
Civil Procedure Land Law Extension of Time Appeals Limitation of Actions Illegality as Ground for Extension

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Parties

Rukia Abdul Upete

Applicant

Irene Rukia Kweka (Administrator of the Estate of the Late Juma Simbalimoto Mhelela)

1st Respondent

Asha Mhelela

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether sufficient cause was shown for delay in filing notice of appeal
  2. 2 Whether alleged illegality in the decision justifies extension of time

Ratio Decidendi

Applicant failed to account for the prolonged delay and did not prove alleged illegality; negligence and lack of diligence preclude extension of time.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time dismissed
  • Applicant to pay costs