anna masungwa vs veronika fabian langisi 2020 tzhclandd 154 26 may 2020

anna masungwa vs veronika fabian langisi 2020 tzhclandd 154 26 may 2020

Applicant demonstrated reasonable cause for delay as she was pursuing an appeal struck out for incompetence and subsequently sought professional legal assistance; delay was not due to negligence but reasonable under the circumstances; court exercised discretion to grant extension of time.

Citation
anna masungwa vs veronika fabian langisi 2020 tzhclandd 154 26 may 2020
Parties
Applicant: Anna Masungwa; 1st Respondent: Veronika Fabian Langisi; 2nd Respondent: Deki Andimile
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
26 May 2020
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Appeals, Limitation of Actions
Source Language
English

Case Brief

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Parties

Anna Masungwa

Applicant

Veronika Fabian Langisi

1st Respondent

Deki Andimile

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

  1. 1 Whether sufficient cause exists to grant extension of time to file an appeal
  2. 2 Whether delay in filing appeal was due to negligence or reasonable circumstances

Ratio Decidendi

Applicant demonstrated reasonable cause for delay as she was pursuing an appeal struck out for incompetence and subsequently sought professional legal assistance; delay was not due to negligence but reasonable under the circumstances; court exercised discretion to grant extension of time.

Court Disposition

Application granted

Orders

  • Leave granted to applicant to file appeal out of time within thirty (30) days from date of ruling
  • No order as to costs