vedastus raphael vs mwanza city council others 2021 tzca 696 26 november 2021
The applicant failed to account for specific periods of delay and did not provide sufficient cause for the extension of time. Ignorance of the law and lack of proper guidance do not constitute good cause. The application was therefore dismissed.
- Citation
- vedastus raphael vs mwanza city council others 2021 tzca 696 26 november 2021
- Parties
- Applicant: Vedastus Raphael; 1st Respondent: Mwanza City Council; 2nd Respondent: Commissioner for Land; 3rd Respondent: The Attorney General
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 26 November 2021
- Procedural Posture
- Civil Application / Ruling on Application for Extension of Time to File Appeal
- Outcome
- Application dismissed with costs
- Legal Topics
- Extension of Time, Appeals, Ignorance of Law, Delay in Filing, Good Cause Requirement
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Vedastus Raphael
Applicant
Mwanza City Council
1st Respondent
Commissioner for Land
2nd Respondent
The Attorney General
3rd Respondent
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to File Appeal
Legal Issues
- 1 Whether the applicant demonstrated good cause for extension of time to file an appeal
- 2 Whether ignorance of law or improper guidance constitutes good cause for delay
Ratio Decidendi
The applicant failed to account for specific periods of delay and did not provide sufficient cause for the extension of time. Ignorance of the law and lack of proper guidance do not constitute good cause. The application was therefore dismissed.
Court Disposition
Application dismissed with costs
Orders
- Application for extension of time to file appeal is dismissed with costs
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