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
Case Brief
Summary, issues, holding and outcome
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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
Legal Issues
- 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
Full Case Text
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