Scan 11054 neww

Scan 11054 neww

The delay of 34 days after the previous appeal was struck out does not exceed the statutory period of 45 days for filing an appeal and is not inordinate; technical delay constitutes good cause for extension of time.

Citation
Scan 11054 neww
Parties
Applicant: Alphonce Boniface Temba; Respondent: Issa Gwasa; Respondent: Juma Abdala; Respondent: Amina Twaibu Likungwala; Respondent: Sara Loy Dan; Respondent: Jane Maguru; Respondent: Dominic Kiwelu
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
27 September 2024
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Appeals, Technical Delay, Limitation of Actions
Source Language
English

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Parties

Alphonce Boniface Temba

Applicant

Issa Gwasa

Respondent

Juma Abdala

Respondent

Amina Twaibu Likungwala

Respondent

Sara Loy Dan

Respondent

Jane Maguru

Respondent

Dominic Kiwelu

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

  1. 1 Whether good cause has been shown to warrant extension of time to file an appeal out of time

Ratio Decidendi

The delay of 34 days after the previous appeal was struck out does not exceed the statutory period of 45 days for filing an appeal and is not inordinate; technical delay constitutes good cause for extension of time.

Court Disposition

Application granted

Orders

  • Applicant to file intended appeal within 14 days from the date of the ruling
  • No order as to costs