wilbard kimario vs john mchael mtui 2018 tzhclandd 412 3 july 2018

wilbard kimario vs john mchael mtui 2018 tzhclandd 412 3 july 2018

The applicant failed to provide sufficient reasons for the delay as the law does not require attaching copies of judgment, decree, and proceedings for such appeals, and the alleged illegality was not raised in the lower tribunal and is considered an afterthought.

Citation
wilbard kimario vs john mchael mtui 2018 tzhclandd 412 3 july 2018
Parties
Applicant: Wilbard Kimario; Respondent: John Michael Mtui
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
3 July 2018
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Appeals, Procedural Requirements, Illegality as Ground for Extension
Source Language
English
Land Law Civil Procedure Extension of Time Appeals Procedural Requirements Illegality as Ground for Extension

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Parties

Wilbard Kimario

Applicant

John Michael Mtui

Respondent

Procedural Posture

Miscellaneous 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 appeal against the decision of the District Land and Housing Tribunal
  2. 2 Whether delay in obtaining copies of judgment, decree, and proceedings constitutes sufficient cause
  3. 3 Whether alleged illegality in the lower tribunal's decision justifies extension of time

Ratio Decidendi

The applicant failed to provide sufficient reasons for the delay as the law does not require attaching copies of judgment, decree, and proceedings for such appeals, and the alleged illegality was not raised in the lower tribunal and is considered an afterthought.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time is dismissed
  • Applicant to pay costs