berther ruling

berther ruling

The applicant failed to account for all periods of delay except for periods covered by technical delay and illness, but the ground of illegality regarding locus standi, which pertains to jurisdiction, was sufficiently raised and meets the threshold for extension of time. Thus, extension of time is granted.

Citation
berther ruling
Parties
Applicant: Bertha Urassa; 1st Respondent: Guiness Kisanga; 2nd Respondent: Frank Stephen Mshana (As personal Representative of the Late Bety Lyamuya); 3rd Respondent: Rogathe Kisanga; 4th Respondent: Absalum Benjamen; 5th Respondent: Ansela Shirima
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
17 April 2013
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to File Notice of Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Notice of Appeal, Locus Standi, Illegality as Ground for Extension
Source Language
English
Civil Procedure Land Law Extension of Time Notice of Appeal Locus Standi Illegality as Ground for Extension

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 3 Authorities cited 14 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Bertha Urassa

Applicant

Guiness Kisanga

1st Respondent

Frank Stephen Mshana (As personal Representative of the Late Bety Lyamuya)

2nd Respondent

Rogathe Kisanga

3rd Respondent

Absalum Benjamen

4th Respondent

Ansela Shirima

5th Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has shown good cause for extension of time to file notice of appeal
  2. 2 Whether technical delay, illness, and illegality constitute sufficient grounds for extension of time

Ratio Decidendi

The applicant failed to account for all periods of delay except for periods covered by technical delay and illness, but the ground of illegality regarding locus standi, which pertains to jurisdiction, was sufficiently raised and meets the threshold for extension of time. Thus, extension of time is granted.

Court Disposition

Application granted

Orders

  • Applicant granted extension of time to file notice of appeal within sixty (60) days from the date of delivery of the ruling
  • No order as to costs