vijay shantilal chohan vs abdul shakule halday another 2019 tzca 203 15 july 2019

vijay shantilal chohan vs abdul shakule halday another 2019 tzca 203 15 july 2019

The applicant failed to advance any grounds accounting for the delay in lodging the notice of intention to appeal within the prescribed period; therefore, the court could not exercise its discretion to extend time.

Citation
vijay shantilal chohan vs abdul shakule halday another 2019 tzca 203 15 july 2019
Parties
Applicant: Vijay Shantilal Chohan; 1st Respondent: Abdul Shakule Halday; 2nd Respondent: Ilala Municipal Council
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
15 July 2019
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Outcome
application dismissed
Legal Topics
Extension of Time, Notice of Appeal, Preliminary Objection, Right to Be Heard
Source Language
English
Civil Procedure Extension of Time Notice of Appeal Preliminary Objection Right to Be Heard

Case Brief

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Parties

Vijay Shantilal Chohan

Applicant

Abdul Shakule Halday

1st Respondent

Ilala Municipal Council

2nd Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the application for extension of time to lodge a notice of appeal is competent and maintainable
  2. 2 Whether sufficient cause was advanced to justify extension of time

Ratio Decidendi

The applicant failed to advance any grounds accounting for the delay in lodging the notice of intention to appeal within the prescribed period; therefore, the court could not exercise its discretion to extend time.

Court Disposition

application dismissed

Orders

  • Application for extension of time refused
  • Respondents awarded costs