siwema hamis ali vs kaisi hamisi administrator of estate of the late hamisi ali andanother 2021 tzhclandd 510 27 september 2021

siwema hamis ali vs kaisi hamisi administrator of estate of the late hamisi ali andanother 2021 tzhclandd 510 27 september 2021

Applicant failed to provide sufficient evidence or explanation for six-year delay; affidavit lacked proof of residence abroad and failed to disclose when applicant became aware of judgment; no sufficient cause established for extension of time.

Citation
siwema hamis ali vs kaisi hamisi administrator of estate of the late hamisi ali andanother 2021 tzhclandd 510 27 september 2021
Parties
Applicant: Siwema Hamis Ali; 1st Respondent: Kaisi Hamisi (As Administrator of Estate of the Late Hamisi Ali); 2nd Respondent: Zaituni Hamisi Ali
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
27 September 2021
Procedural Posture
Miscellaneous Land Case Application / Ruling on Application for Extension of Time
Outcome
Application dismissed with costs.
Legal Topics
Extension of Time, Setting Aside Judgment, Limitation of Actions
Source Language
English
Civil Procedure Land Law Extension of Time Setting Aside Judgment Limitation of Actions

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Parties

Siwema Hamis Ali

Applicant

Kaisi Hamisi (As Administrator of Estate of the Late Hamisi Ali)

1st Respondent

Zaituni Hamisi Ali

2nd Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether sufficient cause exists to grant extension of time to set aside judgment
  2. 2 Whether applicant's delay is justified
  3. 3 Whether affidavit supporting application is defective

Ratio Decidendi

Applicant failed to provide sufficient evidence or explanation for six-year delay; affidavit lacked proof of residence abroad and failed to disclose when applicant became aware of judgment; no sufficient cause established for extension of time.

Court Disposition

Application dismissed with costs.

Orders

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