acksa thadei john vs stamili issa bankinenza another 2023 tzhc 22327 31 october 2023

acksa thadei john vs stamili issa bankinenza another 2023 tzhc 22327 31 october 2023

Applicant failed to account for each day of delay and was negligent, but existence of a point of law of sufficient importance regarding tribunal composition constitutes sufficient cause for extension of time.

Citation
acksa thadei john vs stamili issa bankinenza another 2023 tzhc 22327 31 october 2023
Parties
Applicant: Acksa Thadei John; Respondent: Stamili Issa Bankineza; Respondent: Sudi Cosmas Chingwi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 October 2023
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome
application granted
Legal Topics
Extension of Time, Illegality, Tribunal Composition, Appeal Procedure
Source Language
English

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Parties

Acksa Thadei John

Applicant

Stamili Issa Bankineza

Respondent

Sudi Cosmas Chingwi

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

  1. 1 Whether sufficient cause was shown for delay in filing appeal
  2. 2 Whether illegality in tribunal composition warrants extension of time

Ratio Decidendi

Applicant failed to account for each day of delay and was negligent, but existence of a point of law of sufficient importance regarding tribunal composition constitutes sufficient cause for extension of time.

Court Disposition

application granted

Orders

  • Extension of time granted for applicant to apply to be joined as a party in Land Appeal No. 37 of 2023 within twenty-one days from the date of ruling