usafirishaji mikoani union ltd vs minister for land human settlements and development and 2 others 2020 tzhclandd 2310 4 september 2020

usafirishaji mikoani union ltd vs minister for land human settlements and development and 2 others 2020 tzhclandd 2310 4 september 2020

The applicant demonstrated sufficient cause for the delay by showing that she was not served with the necessary revocation documents and made diligent efforts to pursue her rights upon becoming aware of the revocation. The delay was accounted for and not due to negligence, justifying the court's exercise of discretion to grant extension of time.

Citation
usafirishaji mikoani union ltd vs minister for land human settlements and development and 2 others 2020 tzhclandd 2310 4 september 2020
Parties
Applicant: Usafirishaji Mikoani Union Limited; 1st Respondent: Minister for Lands, Housing and Human Settlements Development; 2nd Respondent: Assistant Land Commissioner, Eastern Zone; 3rd Respondent: Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
4 September 2020
Procedural Posture
Miscellaneous Land Application (extension of Time) / Ruling on Application for Extension of Time to File for Judicial Review
Outcome
Application granted with costs.
Legal Topics
Extension of Time, Judicial Review, Right of Occupancy Revocation, Procedural Fairness
Source Language
English
Administrative Law Land Law Civil Procedure Extension of Time Judicial Review Right of Occupancy Revocation Procedural Fairness

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Parties

Usafirishaji Mikoani Union Limited

Applicant

Minister for Lands, Housing and Human Settlements Development

1st Respondent

Assistant Land Commissioner, Eastern Zone

2nd Respondent

Attorney General

3rd Respondent

Procedural Posture

Miscellaneous Land Application (extension of Time) / Ruling on Application for Extension of Time to File for Judicial Review

Legal Issues

  1. 1 Whether sufficient cause has been shown to warrant extension of time to file an application for judicial review against revocation of right of occupancy.

Ratio Decidendi

The applicant demonstrated sufficient cause for the delay by showing that she was not served with the necessary revocation documents and made diligent efforts to pursue her rights upon becoming aware of the revocation. The delay was accounted for and not due to negligence, justifying the court's exercise of discretion to grant extension of time.

Court Disposition

Application granted with costs.

Orders

  • Applicant to file the application for orders of certiorari within fourteen (14) days from the date of the ruling.