christina mbedule vs atilio nzogoro others 2015 tzhclandd 6 12 march 2015

christina mbedule vs atilio nzogoro others 2015 tzhclandd 6 12 march 2015

The appellant failed to take essential procedural steps to obtain copies of the judgment and proceedings and did not act with due diligence despite having sufficient time before her illness. The grounds advanced did not constitute good and sufficient cause for extension of time.

Citation
christina mbedule vs atilio nzogoro others 2015 tzhclandd 6 12 march 2015
Parties
Appellant: Christina Mbedule; Respondents: Atilio Nzogoro & Others
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
12 March 2015
Procedural Posture
Miscellaneous Land Case Appeal / Judgment on Appeal From District Land and Housing Tribunal
Outcome
appeal dismissed
Legal Topics
Extension of Time, Appeal Procedure, Sufficient Cause, Supply of Judgment and Proceedings, Illness as Ground for Extension
Source Language
English
Land Law Civil Procedure Extension of Time Appeal Procedure Sufficient Cause Supply of Judgment and Proceedings Illness as Ground for Extension

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Parties

Christina Mbedule

Appellant

Atilio Nzogoro & Others

Respondents

Procedural Posture

Miscellaneous Land Case Appeal / Judgment on Appeal From District Land and Housing Tribunal

Legal Issues

  1. 1 Whether failure to supply copies of proceedings and judgment constitutes sufficient cause for extension of time to appeal
  2. 2 Whether illness of the appellant constitutes sufficient cause for extension of time
  3. 3 Whether overwhelming chances of success is a sufficient ground for extension of time

Ratio Decidendi

The appellant failed to take essential procedural steps to obtain copies of the judgment and proceedings and did not act with due diligence despite having sufficient time before her illness. The grounds advanced did not constitute good and sufficient cause for extension of time.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs