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
Legal Issues
- 1 Whether sufficient cause exists to grant extension of time to file an appeal
- 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
Full Case Text
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