augustine patrice mavere vs joseph richard muhagama 2023 tzhclandd 16781 22 august 2023

augustine patrice mavere vs joseph richard muhagama 2023 tzhclandd 16781 22 august 2023

The applicant demonstrated sufficient cause for the delay, namely the misplacement of the notice of appeal, and acted promptly upon discovery of the anomaly. The respondent did not seriously contest these facts. Therefore, extension of time is justified.

Source-derived case information.

Citation
augustine patrice mavere vs joseph richard muhagama 2023 tzhclandd 16781 22 august 2023
Parties
Applicant: Augustine Patrice Mavere; Respondent: Joseph Richard Muhagama
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
22 August 2023
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Notice of Appeal, Appeal Procedure
Source Language
english
Land Law Civil Procedure Extension of Time Notice of Appeal Appeal Procedure

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Parties

Augustine Patrice Mavere

Applicant

Joseph Richard Muhagama

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to lodge notice of appeal

Ratio Decidendi

The applicant demonstrated sufficient cause for the delay, namely the misplacement of the notice of appeal, and acted promptly upon discovery of the anomaly. The respondent did not seriously contest these facts. Therefore, extension of time is justified.

Court Disposition

Application granted

Orders

  • Extension of time of fourteen days granted to lodge notice of appeal to the Court of Appeal against Misc. Land Application No. 79/2022, counted from the date of the ruling
  • No order as to costs