bazilla benedict kisomo vs the honorable attorney general two others 2023 tzhc 21478 13 september 2023

bazilla benedict kisomo vs the honorable attorney general two others 2023 tzhc 21478 13 september 2023

Time spent prosecuting revision proceedings in the Court of Appeal amounts to technical delay and is excusable. Applicant accounted for the period of delay and advanced sufficient cause for extension. Application was filed promptly after conclusion of revision proceedings.

Citation
bazilla benedict kisomo vs the honorable attorney general two others 2023 tzhc 21478 13 september 2023
Parties
Applicant: Bazilla Benedict Kisomo; 1st Respondent: The Honourable Attorney General; 2nd Respondent: The Registrar of Titles; 3rd Respondent: The Commissioner for Lands
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
13 September 2023
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time and Leave to Appeal
Outcome
Application allowed
Legal Topics
Extension of Time, Leave to Appeal, Technical Delay, Illegality as Ground for Extension
Source Language
English
Civil Procedure Land Law Extension of Time Leave to Appeal Technical Delay Illegality as Ground for Extension

Case Brief

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Parties

Bazilla Benedict Kisomo

Applicant

The Honourable Attorney General

1st Respondent

The Registrar of Titles

2nd Respondent

The Commissioner for Lands

3rd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 Whether the applicant has advanced sufficient cause for extension of time to file notice and leave to appeal
  2. 2 Whether technical delay applies to time spent prosecuting revision proceedings
  3. 3 Whether illegality of the impugned judgment warrants extension

Ratio Decidendi

Time spent prosecuting revision proceedings in the Court of Appeal amounts to technical delay and is excusable. Applicant accounted for the period of delay and advanced sufficient cause for extension. Application was filed promptly after conclusion of revision proceedings.

Court Disposition

Application allowed

Orders

  • Applicant to file notice of intention to appeal within 14 days
  • Applicant to file leave to appeal within 30 days from date of ruling