asunta litali vs filomena majengo 2022 tzhc 9644 31 march 2022

asunta litali vs filomena majengo 2022 tzhc 9644 31 march 2022

The applicant accounted for the delay by showing she was not supplied with the judgment in time, and the period required to obtain the judgment is to be excluded from the computation of limitation. The applicant demonstrated sufficient cause for the delay, justifying the exercise of the court's discretion to grant extension of time.

Citation
asunta litali vs filomena majengo 2022 tzhc 9644 31 march 2022
Parties
Applicant: Asunta Litali; Respondent: Filomena Majengo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 March 2022
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Limitation Period, Appeals From District Land and Housing Tribunal, Computation of Limitation Period
Source Language
English
Land Law Civil Procedure Extension of Time Limitation Period Appeals From District Land and Housing Tribunal Computation of Limitation Period

Case Brief

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Parties

Asunta Litali

Applicant

Filomena Majengo

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has adduced sufficient cause for extension of time to file an appeal out of time

Ratio Decidendi

The applicant accounted for the delay by showing she was not supplied with the judgment in time, and the period required to obtain the judgment is to be excluded from the computation of limitation. The applicant demonstrated sufficient cause for the delay, justifying the exercise of the court's discretion to grant extension of time.

Court Disposition

Application granted

Orders

  • Extension of time to file appeal granted
  • Each party to bear its own costs