hamisi bushiri pazi others vs saul henry amon others 2018 tzhclandd 536 3 august 2018

hamisi bushiri pazi others vs saul henry amon others 2018 tzhclandd 536 3 august 2018

The delay was due to technicalities outside the applicants' control, not negligence. The original appeal was filed in time but struck out for technical reasons. Penalizing the applicants twice for the same technicality is unjust. Sufficient cause exists for extension of time.

Citation
hamisi bushiri pazi others vs saul henry amon others 2018 tzhclandd 536 3 august 2018
Parties
1st Applicant: Hamisi Bushiri Pazi; 2nd Applicant: Hamisi Bushiri Pazi (Administrator of the estate of the deceased Neema Bushiri Pazi); 3rd Applicant: Hamisi Bushiri Pazi (Administrator of the estate of the deceased Mwajuma Bushiri Pazi); 4th Applicant: Stumai Bushiri Pazi; 5th Applicant: Hatujuani Bushiri Pazi; 1st Respondent: Saul Henry Amon; 2nd Respondent: S.H. Amon Enterprises Company Limited; 3rd Respondent: Musa Hamisi Kazuba; 4th Respondent: Kassim Ally Omari (Administrator of the estate of the deceased Tatu Bushiri Pazi); Third Party: The Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
3 August 2018
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to File for Leave to Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Leave to Appeal, Appellate Procedure, Technical Delay
Source Language
English
Civil Procedure Land Law Extension of Time Leave to Appeal Appellate Procedure Technical Delay

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Parties

Hamisi Bushiri Pazi

1st Applicant

Hamisi Bushiri Pazi (Administrator of the estate of the deceased Neema Bushiri Pazi)

2nd Applicant

Hamisi Bushiri Pazi (Administrator of the estate of the deceased Mwajuma Bushiri Pazi)

3rd Applicant

Stumai Bushiri Pazi

4th Applicant

Hatujuani Bushiri Pazi

5th Applicant

Saul Henry Amon

1st Respondent

S.H. Amon Enterprises Company Limited

2nd Respondent

Musa Hamisi Kazuba

3rd Respondent

Kassim Ally Omari (Administrator of the estate of the deceased Tatu Bushiri Pazi)

4th Respondent

The Attorney General

Third Party

Procedural Posture

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

Legal Issues

  1. 1 Whether sufficient cause exists to grant extension of time to file application for leave to appeal out of time

Ratio Decidendi

The delay was due to technicalities outside the applicants' control, not negligence. The original appeal was filed in time but struck out for technical reasons. Penalizing the applicants twice for the same technicality is unjust. Sufficient cause exists for extension of time.

Court Disposition

Application granted

Orders

  • Applicants to file application for leave to appeal to the Court of Appeal out of time within 14 days from the date of this ruling
  • No order for costs