20120804 TZHC Arusha

20120804 TZHC Arusha

The court found that the applicant's failure to file the appeal on time was due to his counsel's disservice, which would cause injustice if not remedied. Therefore, extension of time was justified.

Citation
20120804 TZHC Arusha
Parties
Applicant: Jerry Frank Moshi; Respondent: Michael Meela
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 August 2012
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Locus Standi, Appeal Procedure
Source Language
English

Case Brief

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Parties

Jerry Frank Moshi

Applicant

Michael Meela

Respondent

Procedural Posture

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

  1. 1 Whether the applicant should be granted extension of time to file an appeal out of time
  2. 2 Whether the applicant's failure to file appeal on time was due to counsel's inaction

Ratio Decidendi

The court found that the applicant's failure to file the appeal on time was due to his counsel's disservice, which would cause injustice if not remedied. Therefore, extension of time was justified.

Court Disposition

Application granted

Orders

  • Applicant to file his appeal within 30 days from the date of delivery of this ruling.