vedasto g ngaiza vs winifrida ngaiza others 2018 tzhclandd 476 6 august 2018

vedasto g ngaiza vs winifrida ngaiza others 2018 tzhclandd 476 6 august 2018

The applicant failed to account for the delay from 2013 to 2017 and was not diligent in following up his case; the reasons advanced do not constitute sufficient cause for extension of time; no illegality was found in the dismissal of the suit.

Citation
vedasto g ngaiza vs winifrida ngaiza others 2018 tzhclandd 476 6 august 2018
Parties
Applicant: Vedasto G Ngaiza; 1st Respondent: Winifrida Ngaiza; 2nd Respondent: Jenipha William Lwamgila; 3rd Respondent: National Bank of Commerce Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
6 August 2018
Procedural Posture
Miscellaneous Land Case Application / Ruling on Application for Extension of Time
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Dismissal for Want of Prosecution, Restoration of Suit, Sufficient Cause, Illegality as Ground for Extension
Source Language
English
Civil Procedure Land Law Extension of Time Dismissal for Want of Prosecution Restoration of Suit Sufficient Cause Illegality as Ground for Extension

Case Brief

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Parties

Vedasto G Ngaiza

Applicant

Winifrida Ngaiza

1st Respondent

Jenipha William Lwamgila

2nd Respondent

National Bank of Commerce Ltd

3rd Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to apply to set aside dismissal order
  2. 2 Whether the alleged illegality in dismissal constitutes sufficient ground for extension

Ratio Decidendi

The applicant failed to account for the delay from 2013 to 2017 and was not diligent in following up his case; the reasons advanced do not constitute sufficient cause for extension of time; no illegality was found in the dismissal of the suit.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time is dismissed with costs
  • Right of appeal explained