shabani muhunzi vs masisi nkongo and another 2022 tzhclandd 12222 24 august 2022

shabani muhunzi vs masisi nkongo and another 2022 tzhclandd 12222 24 august 2022

The application was dismissed because the applicant failed to account for the delay and the alleged illegalities were not apparent on the face of the record nor shown to be significant or vital.

Citation
shabani muhunzi vs masisi nkongo and another 2022 tzhclandd 12222 24 august 2022
Parties
Applicant: Shabani Muhunzi; 1st Respondent: Masisi Nkongo; 2nd Respondent: Charles Mkono
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
24 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, Illegality as Ground for Extension
Source Language
English
Land Law Civil Procedure Extension of Time Appeals Illegality as Ground for Extension

Case Brief

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Parties

Shabani Muhunzi

Applicant

Masisi Nkongo

1st Respondent

Charles Mkono

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has sufficiently accounted for the delay in filing the appeal
  2. 2 Whether alleged illegality is apparent on the face of the record and significant

Ratio Decidendi

The application was dismissed because the applicant failed to account for the delay and the alleged illegalities were not apparent on the face of the record nor shown to be significant or vital.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed
  • Costs awarded to respondents