seniol limited vs mwanza city council another 2017 tzca 309 2 march 2017

seniol limited vs mwanza city council another 2017 tzca 309 2 march 2017

The applicant failed to show sufficient cause for the delay, as the delay was self-inflicted by knowingly filing an incompetent appeal without leave, and negligence or mistake of counsel is not a sufficient reason for extension of time.

Citation
seniol limited vs mwanza city council another 2017 tzca 309 2 march 2017
Parties
Applicant: Senoil Limited; 1st Respondent: Mwanza City Council; 2nd Respondent: Dolphin Tours and Safaris Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
2 March 2017
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Outcome
Application dismissed
Legal Topics
Extension of Time, Leave to Appeal, Abuse of Process, Negligence of Counsel
Source Language
English
Civil Procedure Land Law Extension of Time Leave to Appeal Abuse of Process Negligence of Counsel

Case Brief

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Parties

Senoil Limited

Applicant

Mwanza City Council

1st Respondent

Dolphin Tours and Safaris Limited

2nd Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether sufficient cause was shown to warrant extension of time to file notice of appeal and application for leave to appeal out of time
  2. 2 Whether negligence or mistake of counsel constitutes sufficient cause for extension of time

Ratio Decidendi

The applicant failed to show sufficient cause for the delay, as the delay was self-inflicted by knowingly filing an incompetent appeal without leave, and negligence or mistake of counsel is not a sufficient reason for extension of time.

Court Disposition

Application dismissed

Orders

  • Costs to be in the cause