seif said mussa vs andrew joseph massawe 2023 tzhc 15754 28 february 2023

seif said mussa vs andrew joseph massawe 2023 tzhc 15754 28 february 2023

The applicant failed to account for the period of delay and did not establish that sickness prevented him from filing the appeal; his affidavit contained false information and cannot be relied upon.

Source-derived case information.

Citation
seif said mussa vs andrew joseph massawe 2023 tzhc 15754 28 february 2023
Parties
Applicant: Seif Said Mussa; Respondent: Andrew Joseph Massawe
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 February 2023
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Appeals, Limitation of Actions
Source Language
english
Land Law Civil Procedure Extension of Time Appeals Limitation of Actions

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Parties

Seif Said Mussa

Applicant

Andrew Joseph Massawe

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether the applicant adduced sufficient cause for delay in filing appeal
  2. 2 Whether sickness and delay in obtaining documents constitute good cause for extension of time

Ratio Decidendi

The applicant failed to account for the period of delay and did not establish that sickness prevented him from filing the appeal; his affidavit contained false information and cannot be relied upon.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time to appeal is dismissed for want of merit
  • Applicant to pay costs