samora kipesha vs beatrice kilosa 2021 tzhclandd 273 30 july 2021

samora kipesha vs beatrice kilosa 2021 tzhclandd 273 30 july 2021

The appellant failed to account for each day of delay, did not demonstrate any illegality on the face of the record, and did not provide sufficient cause for extension of time. The tribunal's dismissal of the application was proper.

Source-derived case information.

Citation
samora kipesha vs beatrice kilosa 2021 tzhclandd 273 30 july 2021
Parties
Appellant: Samora Kipesha; Respondent: Beatrice Kilosa
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
30 July 2021
Procedural Posture
Land Appeal / Appeal From Dismissal of Application for Extension of Time to Set Aside Ex Parte Judgment
Outcome
Appeal dismissed with costs
Legal Topics
Extension of Time, Ex Parte Judgment, Service of Summons, Sufficient Cause, Illegality as Ground for Extension
Source Language
english
Land Law Civil Procedure Extension of Time Ex Parte Judgment Service of Summons Sufficient Cause Illegality as Ground for Extension

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Summary, issues, holding and outcome

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Parties

Samora Kipesha

Appellant

Beatrice Kilosa

Respondent

Procedural Posture

Land Appeal / Appeal From Dismissal of Application for Extension of Time to Set Aside Ex Parte Judgment

Legal Issues

  1. 1 Whether the applicant accounted for every day of the delay or acted diligently in seeking extension of time
  2. 2 Whether the applicant established illegality in the decision of the District Land and Housing Tribunal
  3. 3 Whether the applicant assigned good cause for extension of time

Ratio Decidendi

The appellant failed to account for each day of delay, did not demonstrate any illegality on the face of the record, and did not provide sufficient cause for extension of time. The tribunal's dismissal of the application was proper.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs