zakar1a chense vs turo mhombo others 2020 tzhclandd 3979 20 november 2020

zakar1a chense vs turo mhombo others 2020 tzhclandd 3979 20 november 2020

The applicant failed to account for the period of more than five months between the striking out of the previous application and the filing of the current application, and the alleged illegality was not apparent on the face of the record. Therefore, sufficient cause for extension of time was not demonstrated.

Citation
zakar1a chense vs turo mhombo others 2020 tzhclandd 3979 20 november 2020
Parties
Applicant: Zakaria Chense; 1st Respondent: Turo Mhombo; 2nd Respondent: Happy Mhombo; 3rd Respondent: Shabani Ngalawa; 4th Respondent: Ramadhani Msakuzi
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
20 November 2020
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Appeal Procedure, Sufficient Cause for Delay, Illegality as Ground for Extension
Source Language
English
Civil Procedure Land Law Extension of Time Appeal Procedure Sufficient Cause for Delay Illegality as Ground for Extension

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Zakaria Chense

Applicant

Turo Mhombo

1st Respondent

Happy Mhombo

2nd Respondent

Shabani Ngalawa

3rd Respondent

Ramadhani Msakuzi

4th Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether the applicant demonstrated sufficient cause for delay in filing the appeal
  2. 2 Whether alleged illegality constitutes sufficient cause for extension of time

Ratio Decidendi

The applicant failed to account for the period of more than five months between the striking out of the previous application and the filing of the current application, and the alleged illegality was not apparent on the face of the record. Therefore, sufficient cause for extension of time was not demonstrated.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed
  • Applicant to pay costs