andrew j m kitenge vs maua hamis rai another 2022 tzhclandd 12384 5 october 2022

Applicant was still within time to file appeal after obtaining judgment and decree copies; delay was not inordinate; substantial justice requires granting extension of time.

Citation: andrew j m kitenge vs maua hamis rai another 2022 tzhclandd 12384 5 october 2022
Parties: Applicant: Andrew J.M. Kitenge; 1st Respondent: Maua Hamis Rai; 2nd Respondent: Alex Msama
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 5 October 2022
Procedural Posture: Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
Outcome: Application granted with costs.
Legal Topics: Extension of Time, Appeal Procedure, Limitation Period
Source Language: English

Land Law Civil Procedure Extension of Time Appeal Procedure Limitation Period

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Parties

Andrew J.M. Kitenge

Applicant

Maua Hamis Rai

1st Respondent

Alex Msama

2nd Respondent

Procedural Posture

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

Legal Issues

1 Whether sufficient cause exists to grant extension of time to file appeal
2 Whether delay in requesting and filing was justified

Ratio Decidendi

Applicant was still within time to file appeal after obtaining judgment and decree copies; delay was not inordinate; substantial justice requires granting extension of time.

Court Disposition

Application granted with costs.

Orders

Applicant to file appeal within 30 days from date of ruling.