badru issa badru vs omary kilendu another 2018 tzhclandd 445 13 july 2018

badru issa badru vs omary kilendu another 2018 tzhclandd 445 13 july 2018

Sufficient reasons exist to extend time for filing leave to appeal where illegality is alleged and the applicant acted promptly after being granted leave to file a new notice of appeal; technical errors and pursuit of remedies in other courts explain the delay.

Citation
badru issa badru vs omary kilendu another 2018 tzhclandd 445 13 july 2018
Parties
Applicant: Badru Issa Badru; 1st Respondent: Omary Kilendu; 2nd Respondent: Hashim Rungwe t/a H. Rungwe Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
13 July 2018
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to File Leave to Appeal
Outcome
Application allowed
Legal Topics
Extension of Time, Leave to Appeal, Illegality as Ground for Extension, Judicial Discretion
Source Language
English
Civil Procedure Land Law Extension of Time Leave to Appeal Illegality as Ground for Extension Judicial Discretion

Case Brief

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Parties

Badru Issa Badru

Applicant

Omary Kilendu

1st Respondent

Hashim Rungwe t/a H. Rungwe Ltd

2nd Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether sufficient reasons exist to warrant extension of time to file leave to appeal
  2. 2 Whether illegality of the challenged decision constitutes sufficient reason for extension of time

Ratio Decidendi

Sufficient reasons exist to extend time for filing leave to appeal where illegality is alleged and the applicant acted promptly after being granted leave to file a new notice of appeal; technical errors and pursuit of remedies in other courts explain the delay.

Court Disposition

Application allowed

Orders

  • Extension of time to file leave to appeal granted
  • No order as to costs