tibrus michael mwacha vs bupe kabiru 2018 tzhclandd 364 22 june 2018

tibrus michael mwacha vs bupe kabiru 2018 tzhclandd 364 22 june 2018

The applicant failed to provide sufficient evidence to justify the delay, as the bus ticket and death certificate did not prove inability to attend court, and reliance on counsel without an affidavit was inadequate. The applicant did not account for each day of delay, and negligence is not a sufficient ground for extension.

Citation
tibrus michael mwacha vs bupe kabiru 2018 tzhclandd 364 22 june 2018
Parties
Applicant: Tibrus Michael Mwacha; Respondent: Bupe Kabiru
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
22 June 2018
Procedural Posture
Misc. Land Application / Ruling on Application for Extension of Time
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Restoration of Dismissed Application, Sufficient Cause for Delay
Source Language
English
Civil Procedure Land Law Extension of Time Restoration of Dismissed Application Sufficient Cause for Delay

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Parties

Tibrus Michael Mwacha

Applicant

Bupe Kabiru

Respondent

Procedural Posture

Misc. Land Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file an application for restoration of a dismissed case

Ratio Decidendi

The applicant failed to provide sufficient evidence to justify the delay, as the bus ticket and death certificate did not prove inability to attend court, and reliance on counsel without an affidavit was inadequate. The applicant did not account for each day of delay, and negligence is not a sufficient ground for extension.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed with costs