63

63

The applicant failed to account for the 55-day delay after the order was ready for collection and did not provide sufficient reason for the delay. Loss of contact with the client was not accepted as a valid excuse, and the applicant did not act promptly after the previous order. Therefore, the application for extension of time was dismissed.

Citation
63
Parties
Applicant: Anzanuch Chaula; 1st Respondent: Shemu Nziku @ Hangaika Mbilinyi; 2nd Respondent: Exavery Mgaya; 3rd Respondent: Exavery Mgaya (as administrator of the late Atukuzwe Luhimbo)
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
14 April 2023
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application dismissed
Legal Topics
Extension of Time, Appeals, Technical Delay, Good Cause for Delay
Source Language
English
Land Law Civil Procedure Extension of Time Appeals Technical Delay Good Cause for Delay

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Parties

Anzanuch Chaula

Applicant

Shemu Nziku @ Hangaika Mbilinyi

1st Respondent

Exavery Mgaya

2nd Respondent

Exavery Mgaya (as administrator of the late Atukuzwe Luhimbo)

3rd Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant advanced sufficient reason for the delay in filing an appeal out of time

Ratio Decidendi

The applicant failed to account for the 55-day delay after the order was ready for collection and did not provide sufficient reason for the delay. Loss of contact with the client was not accepted as a valid excuse, and the applicant did not act promptly after the previous order. Therefore, the application for extension of time was dismissed.

Court Disposition

Application dismissed

Orders

  • Application for extension of time to file appeal out of time is dismissed.