fatma mukangara and saidi omary mwakitosi vs administrator general 2021 tzhclandd 184 7 may 2021

fatma mukangara and saidi omary mwakitosi vs administrator general 2021 tzhclandd 184 7 may 2021

The applicants failed to show sufficient cause for extension of time as the notice of appeal was filed out of time, and prosecution of related proceedings cannot cure this defect. The application for leave to appeal is redundant due to statutory amendments making leave unnecessary.

Citation
fatma mukangara and saidi omary mwakitosi vs administrator general 2021 tzhclandd 184 7 may 2021
Parties
1st Applicant: Fatma Mukangara; 2nd Applicant: Saidi Omary Mwakitosi; Respondent: The Administrator General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
7 May 2021
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time and Related Reliefs
Outcome
Application dismissed
Legal Topics
Extension of Time, Leave to Appeal, Stay of Execution, Procedural Amendments, Judicial Review
Source Language
English
Civil Procedure Land Law Appellate Procedure Extension of Time Leave to Appeal Stay of Execution Procedural Amendments Judicial Review

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Parties

Fatma Mukangara

1st Applicant

Saidi Omary Mwakitosi

2nd Applicant

The Administrator General

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time and Related Reliefs

Legal Issues

  1. 1 Whether the applicants have shown sufficient cause for extension of time to file a notice of appeal
  2. 2 Whether the application for leave to appeal is maintainable in light of statutory amendments
  3. 3 Whether prosecution of related proceedings constitutes sufficient cause for delay

Ratio Decidendi

The applicants failed to show sufficient cause for extension of time as the notice of appeal was filed out of time, and prosecution of related proceedings cannot cure this defect. The application for leave to appeal is redundant due to statutory amendments making leave unnecessary.

Court Disposition

Application dismissed

Orders

  • Application for extension of time dismissed
  • Application for leave to appeal struck out as redundant