zaitun hussein mgunge vs marry kitururu 2021 tzhclandd 6854 13 december 2021
The applicant failed to establish sufficient cause for the delay as the alleged illegality was not apparent on the face of the record and required detailed factual interpretation, which is not a ground for extension of time.
Source-derived case information.
- Citation
- zaitun hussein mgunge vs marry kitururu 2021 tzhclandd 6854 13 december 2021
- Parties
- Applicant: Zaituni Hussein Mgunge; Respondent: Marry Kitururu
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 13 December 2021
- Procedural Posture
- Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
- Outcome
- Application dismissed with costs
- Legal Topics
- Extension of Time, Illegality as Ground for Extension, Discretion of Court, Sufficient Cause for Delay
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zaituni Hussein Mgunge
Applicant
Marry Kitururu
Respondent
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
Legal Issues
- 1 Whether the applicant has shown sufficient cause for extension of time to file an appeal
- 2 Whether alleged illegality constitutes sufficient cause for delay
Ratio Decidendi
The applicant failed to establish sufficient cause for the delay as the alleged illegality was not apparent on the face of the record and required detailed factual interpretation, which is not a ground for extension of time.
Court Disposition
Application dismissed with costs
Orders
- Application for extension of time to appeal is dismissed for want of merit.
- Applicant to pay costs.
Full Case Text
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