chimaga masaka and another vs chimaga masaga 2021 tzhc 5489 9 august 2021

chimaga masaka and another vs chimaga masaga 2021 tzhc 5489 9 august 2021

Applicants demonstrated good and sufficient cause for delay due to technical reasons following the striking out of their initial appeal and subsequent application. Financial constraints were not accepted as sufficient ground in this case. Extension of time is therefore granted.

Citation
chimaga masaka and another vs chimaga masaga 2021 tzhc 5489 9 august 2021
Parties
Applicant: Chimaga Masaka; Applicant: Masele Masaka; Respondent: Chimaga Masaga
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
9 August 2021
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to File Appeal
Outcome
Application allowed
Legal Topics
Extension of Time, Appeals, Limitation Period, Good Cause for Delay
Source Language
English
Land Law Civil Procedure Extension of Time Appeals Limitation Period Good Cause for Delay

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 2 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Chimaga Masaka

Applicant

Masele Masaka

Applicant

Chimaga Masaga

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicants demonstrated good and sufficient cause for delay to warrant extension of time to file an appeal

Ratio Decidendi

Applicants demonstrated good and sufficient cause for delay due to technical reasons following the striking out of their initial appeal and subsequent application. Financial constraints were not accepted as sufficient ground in this case. Extension of time is therefore granted.

Court Disposition

Application allowed

Orders

  • Time to appeal to this court is extended for forty-five (45) days from the date of this ruling.
  • Parties are ordered to bear their own costs.