ahmad shaban mbegu vs abdallah y nunda and another 2022 tzhc 791 4 march 2022

ahmad shaban mbegu vs abdallah y nunda and another 2022 tzhc 791 4 march 2022

The period spent by the applicant in obtaining certified copies of the judgment and decree must be excluded from the computation of the limitation period. The application for extension of time is merited as the applicant acted within the prescribed time after obtaining the necessary documents.

Citation
ahmad shaban mbegu vs abdallah y nunda and another 2022 tzhc 791 4 march 2022
Parties
Applicant: Ahmad Shaban Mbegu; 1st Respondent: Abdallah Y. Nunda; 2nd Respondent: Morogoro Municipal Council
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 March 2022
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Limitation Period, Appeals Process
Source Language
English

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Parties

Ahmad Shaban Mbegu

Applicant

Abdallah Y. Nunda

1st Respondent

Morogoro Municipal Council

2nd Respondent

Procedural Posture

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

  1. 1 Whether the applicant is entitled to extension of time to file an appeal out of time against the decision of the District Land and Housing Tribunal

Ratio Decidendi

The period spent by the applicant in obtaining certified copies of the judgment and decree must be excluded from the computation of the limitation period. The application for extension of time is merited as the applicant acted within the prescribed time after obtaining the necessary documents.

Court Disposition

Application granted

Orders

  • Applicant granted 21 days to file the intended appeal, starting from the date of obtaining certified copies of this ruling.
  • No order as to costs.