wilbroad kanyana vs michael n kapufi another 2023 tzhclandd 17290 8 december 2023

wilbroad kanyana vs michael n kapufi another 2023 tzhclandd 17290 8 december 2023

The applicant failed to provide admissible evidence of lost records and did not follow the proper procedure for missing files. There was no evidence that the original notice of appeal was withdrawn or struck out. Therefore, the application for extension of time was not properly before the court.

Citation
wilbroad kanyana vs michael n kapufi another 2023 tzhclandd 17290 8 december 2023
Parties
Applicant: Wilbroad Kanyana; 1st Respondent: Michael N. Kapufi; 2nd Respondent: Another (2nd Respondent)
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
8 December 2023
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome
Application dismissed
Legal Topics
Extension of Time, Notice of Appeal, Lost Court Records, Procedural Technicalities
Source Language
English
Land Law Civil Procedure Extension of Time Notice of Appeal Lost Court Records Procedural Technicalities

Case Brief

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Parties

Wilbroad Kanyana

Applicant

Michael N. Kapufi

1st Respondent

Another (2nd Respondent)

2nd 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 notice of appeal and leave to appeal
  2. 2 Whether loss of court records constitutes sufficient ground for extension of time
  3. 3 Whether hearsay evidence regarding lost records is admissible

Ratio Decidendi

The applicant failed to provide admissible evidence of lost records and did not follow the proper procedure for missing files. There was no evidence that the original notice of appeal was withdrawn or struck out. Therefore, the application for extension of time was not properly before the court.

Court Disposition

Application dismissed

Orders

  • Application is not proper before the court and is dismissed.