david gwabara mrondoro vs sita nyiga and another 2023 tzhc 16910 28 april 2023

david gwabara mrondoro vs sita nyiga and another 2023 tzhc 16910 28 april 2023

The applicant demonstrated sufficient cause for delay due to time spent obtaining necessary documents and pursuing the matter in court, which constitutes excusable technical delay under the law. The right to be heard should not be denied due to administrative delays in issuing copies of rulings and orders.

Citation
david gwabara mrondoro vs sita nyiga and another 2023 tzhc 16910 28 april 2023
Parties
Applicant: David Gwabara Mrondoro; 1st Respondent: Sita Nyiga; 2nd Respondent: Maria Sita
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 April 2023
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application allowed
Legal Topics
Extension of Time, Limitation Period, Right to Appeal, Technical Delay
Source Language
English
Land Law Civil Procedure Extension of Time Limitation Period Right to Appeal Technical Delay

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Parties

David Gwabara Mrondoro

Applicant

Sita Nyiga

1st Respondent

Maria Sita

2nd Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has advanced sufficient reasons for grant of extension of time to file an appeal out of time

Ratio Decidendi

The applicant demonstrated sufficient cause for delay due to time spent obtaining necessary documents and pursuing the matter in court, which constitutes excusable technical delay under the law. The right to be heard should not be denied due to administrative delays in issuing copies of rulings and orders.

Court Disposition

Application allowed

Orders

  • Leave granted to applicant to appeal against the decision of District Land and Housing Tribunal for Mwanza in Miscellaneous Application No. 540D of 2022 issued on 27/8/2021
  • Appeal to be lodged within thirty (30) days after delivery of this ruling