asha juma mansoor others vs john ashery mbogomi 2021 tzca 379 17 august 2021

asha juma mansoor others vs john ashery mbogomi 2021 tzca 379 17 august 2021

The applicants established good cause for delay as the failure to obtain the certificate of delay was due to circumstances beyond their control, and the application was uncontested; thus, the court exercised its discretion to grant extension of time.

Citation
asha juma mansoor others vs john ashery mbogomi 2021 tzca 379 17 august 2021
Parties
Applicant: Asha Juma Mansoor; Applicant: Sebastian I Olomy; Applicant: Athumani Hotty; Applicant: Jackson Makundi; Applicant: Julius Kombe; Applicant: Juma Maulid; Applicant: Haruna Juma; Applicant: Leonia Mtui @ Mama Babu; Applicant: Grisfaru Mtenga; Applicant: Philipo R. Kiwelu; Respondent: John Ashery Mbogomi
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
17 August 2021
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Appeal Procedure, Certificate of Delay, Jurisdiction, Illegality
Source Language
English
Civil Procedure Land Law Extension of Time Appeal Procedure Certificate of Delay Jurisdiction Illegality

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Asha Juma Mansoor

Applicant

Sebastian I Olomy

Applicant

Athumani Hotty

Applicant

Jackson Makundi

Applicant

Julius Kombe

Applicant

Juma Maulid

Applicant

Haruna Juma

Applicant

Leonia Mtui @ Mama Babu

Applicant

Grisfaru Mtenga

Applicant

Philipo R. Kiwelu

Applicant

John Ashery Mbogomi

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether the applicants have shown good cause for extension of time to file an appeal out of time
  2. 2 Whether the delay was justified by circumstances beyond the applicants' control

Ratio Decidendi

The applicants established good cause for delay as the failure to obtain the certificate of delay was due to circumstances beyond their control, and the application was uncontested; thus, the court exercised its discretion to grant extension of time.

Court Disposition

Application granted

Orders

  • Applicants granted sixty (60) days from the date of the ruling to file the appeal
  • Costs to abide by the outcome of the intended appeal