adelina jackson bashuku another vs gervas yotham 2022 tzhclandd 12552 4 november 2022

The applicants demonstrated sufficient cause for delay due to substantiated illness and technical delay from a prior struck-out application, thus meriting extension of time to appeal.

Citation: adelina jackson bashuku another vs gervas yotham 2022 tzhclandd 12552 4 november 2022
Parties: Applicant: Adelina Jackson Bashuku; Applicant: Mete Mkenda; Respondent: Gervas Yotham
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 4 November 2022
Procedural Posture: Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
Outcome: Application granted
Legal Topics: Extension of Time, Appeal Procedure, Limitation Period, Sickness as Ground for Delay
Source Language: English

Land Law Civil Procedure Extension of Time Appeal Procedure Limitation Period Sickness as Ground for Delay

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2 Amounts and remedies 1

Parties

Adelina Jackson Bashuku

Applicant

Mete Mkenda

Applicant

Gervas Yotham

Respondent

Procedural Posture

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

Legal Issues

1 Whether the applicants have shown sufficient cause for extension of time to appeal out of time

Ratio Decidendi

The applicants demonstrated sufficient cause for delay due to substantiated illness and technical delay from a prior struck-out application, thus meriting extension of time to appeal.

Court Disposition

Application granted

Orders

Applicants to file their appeal within 30 days from the date of the ruling
No order as to costs