wilson srikwa vs mikael mollel 2023 tzca 17583 1 september 2023

wilson srikwa vs mikael mollel 2023 tzca 17583 1 september 2023

The applicant failed to account for the entire period of delay, particularly the unexplained thirty-eight days after the first application was struck out. Further, the alleged illegalities were either not traceable on the face of the High Court judgment or were not properly raised in the affidavit, thus not constituting valid grounds for extension of time.

Citation
wilson srikwa vs mikael mollel 2023 tzca 17583 1 september 2023
Parties
Applicant: Wilson Sirikwa; Respondent: Mikael Mollel
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 September 2023
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to File Application for Leave to Appeal
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Leave to Appeal, Illegality as Ground for Extension, Accounting for Delay
Source Language
English
Civil Procedure Land Law Extension of Time Leave to Appeal Illegality as Ground for Extension Accounting for Delay

Case Brief

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Parties

Wilson Sirikwa

Applicant

Mikael Mollel

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time to File Application for Leave to Appeal

Legal Issues

  1. 1 Whether the applicant accounted for the whole period of delay in filing the application for leave to appeal
  2. 2 Whether there were illegalities in the High Court judgment warranting extension of time

Ratio Decidendi

The applicant failed to account for the entire period of delay, particularly the unexplained thirty-eight days after the first application was struck out. Further, the alleged illegalities were either not traceable on the face of the High Court judgment or were not properly raised in the affidavit, thus not constituting valid grounds for extension of time.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time to file application for leave to appeal is dismissed
  • Applicant to pay costs