bock juma rungwe vs the grand lodge company limited others 2023 tzca 17892 28 november 2023

bock juma rungwe vs the grand lodge company limited others 2023 tzca 17892 28 november 2023

The applicant established good cause for delay as he could not file a proper application for stay of execution without a valid decree, and the delay was attributable to the time taken to rectify and supply the decree, which was beyond his control.

Citation
bock juma rungwe vs the grand lodge company limited others 2023 tzca 17892 28 november 2023
Parties
Applicant: Bockjuma Rungwe; 1st Respondent: The Grand Lodge Company Limited; 2nd Respondent: The Registrar of Titles; 3rd Respondent: The Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
28 November 2023
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to File Application for Stay of Execution
Outcome
Application allowed
Legal Topics
Extension of Time, Stay of Execution, Defective Decree, Appeal Procedure
Source Language
English
Civil Procedure Land Law Extension of Time Stay of Execution Defective Decree Appeal Procedure

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Parties

Bockjuma Rungwe

Applicant

The Grand Lodge Company Limited

1st Respondent

The Registrar of Titles

2nd Respondent

The Attorney General

3rd Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time to File Application for Stay of Execution

Legal Issues

  1. 1 Whether the applicant has shown good cause for extension of time to file an application for stay of execution
  2. 2 Whether defects in the decree constitute sufficient reason for delay

Ratio Decidendi

The applicant established good cause for delay as he could not file a proper application for stay of execution without a valid decree, and the delay was attributable to the time taken to rectify and supply the decree, which was beyond his control.

Court Disposition

Application allowed

Orders

  • Time to file an application for stay of execution of the decree in Land Case No. 137 of 2019 dated 5th November, 2021 is extended for fourteen (14) days from the date of delivery of this ruling.