anyesi charles byampanju v william chamwiru 2023 tzhc 20511 30 august 2023

anyesi charles byampanju v william chamwiru 2023 tzhc 20511 30 august 2023

The period during which the appellant was pursuing her rights in court, even if on a mistaken path, constitutes technical delay and should be excluded from the computation of delay. The appellant established sufficient cause for the delay, and the DLHT erred in dismissing the application for extension of time.

Citation
anyesi charles byampanju v william chamwiru 2023 tzhc 20511 30 august 2023
Parties
Appellant: Anyesi Charles Byampanju; Respondent: William Chamwiru
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 August 2023
Procedural Posture
Miscellaneous Land Appeal / Judgment on Appeal Against Refusal of Extension of Time
Outcome
Appeal allowed
Legal Topics
Extension of Time, Technical Delay, Sufficient Cause, Appeals Process
Source Language
English
Land Law Civil Procedure Extension of Time Technical Delay Sufficient Cause Appeals Process

Case Brief

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Parties

Anyesi Charles Byampanju

Appellant

William Chamwiru

Respondent

Procedural Posture

Miscellaneous Land Appeal / Judgment on Appeal Against Refusal of Extension of Time

Legal Issues

  1. 1 Whether the appellant established sufficient cause for delay in filing appeal
  2. 2 Whether the period of technical delay should be excluded in computing delay

Ratio Decidendi

The period during which the appellant was pursuing her rights in court, even if on a mistaken path, constitutes technical delay and should be excluded from the computation of delay. The appellant established sufficient cause for the delay, and the DLHT erred in dismissing the application for extension of time.

Court Disposition

Appeal allowed

Orders

  • Ruling and order of the DLHT for Karagwe in Misc. Application No. 120 of 2022 quashed and set aside
  • Appellant allowed to lodge appeal before DLHT for Karagwe within thirty (30) days from date of ruling