20150922 TZHC Dodoma
The applicant's reason for delay—belated receipt of proceedings and judgment—is not a good or sufficient cause for extension because the law places the duty of transmitting records on the Tribunal, not the applicant. The applicant was not required to wait for records before filing the appeal.
- Citation
- 20150922 TZHC Dodoma
- Parties
- Applicant: All Issa; Respondent: Asia Yusufu
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 22 September 2015
- Procedural Posture
- Misc. Land Case Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- Application dismissed with costs
- Legal Topics
- Extension of Time, Appeals, Jurisdiction of High Court, Procedural Requirements
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
All Issa
Applicant
Asia Yusufu
Respondent
Procedural Posture
Misc. Land Case Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant has shown good and sufficient cause for extension of time to appeal out of time
- 2 Whether delay in receiving copies of proceedings and judgment constitutes sufficient reason for extension
Ratio Decidendi
The applicant's reason for delay—belated receipt of proceedings and judgment—is not a good or sufficient cause for extension because the law places the duty of transmitting records on the Tribunal, not the applicant. The applicant was not required to wait for records before filing the appeal.
Court Disposition
Application dismissed with costs
Orders
- Application for leave to appeal out of time is dismissed with costs
Full Case Text
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