adam ndomba vs vicent ndunguru and another 2020 tzhc 1013 4 may 2020
The applicant demonstrated sufficient cause for delay, as the delay was due to awaiting a copy of the judgment, and the period spent on a withdrawn appeal is considered technical delay. The applicant was not negligent, and the respondents did not contest the application.
- Citation
- adam ndomba vs vicent ndunguru and another 2020 tzhc 1013 4 may 2020
- Parties
- Applicant: Adam Ndomba; 1st Respondent: Vicent Ndunguru; 2nd Respondent: Emilian Ndomba
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 4 May 2020
- Procedural Posture
- Miscellaneous Land Case Application / Ruling on Application for Extension of Time
- Outcome
- Application granted
- Legal Topics
- Extension of Time, Appeals, Technical Delay, Sufficient Cause
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Adam Ndomba
Applicant
Vicent Ndunguru
1st Respondent
Emilian Ndomba
2nd Respondent
Procedural Posture
Miscellaneous Land Case Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the applicant has shown sufficient cause for delay to file an appeal out of time
Ratio Decidendi
The applicant demonstrated sufficient cause for delay, as the delay was due to awaiting a copy of the judgment, and the period spent on a withdrawn appeal is considered technical delay. The applicant was not negligent, and the respondents did not contest the application.
Court Disposition
Application granted
Orders
- Applicant is granted thirty (30) days from the date of the ruling to lodge his appeal in the court.
- No order as to costs.
Full Case Text
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