deogratias belian lema vs adam assey 3 others 2023 tzhclandd 17004 6 october 2023

deogratias belian lema vs adam assey 3 others 2023 tzhclandd 17004 6 october 2023

The applicant demonstrated sufficient cause for extension of time based on technical delay, as the delay resulted from pursuing an incompetent application in good faith and without negligence, and the subsequent 19-day delay in refiling was reasonable and prompt.

Citation
deogratias belian lema vs adam assey 3 others 2023 tzhclandd 17004 6 october 2023
Parties
Applicant: Deogratius Belian Lema; 1st Respondent: Adam Assey; 2nd Respondent: Said Mfinanga; 3rd Respondent: Agneva Mfinanga; 4th Respondent: Elly Ngowo
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
6 October 2023
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Technical Delay, Right to Be Heard, Illegality as Ground for Extension
Source Language
English

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 4 Authorities cited 11 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Deogratius Belian Lema

Applicant

Adam Assey

1st Respondent

Said Mfinanga

2nd Respondent

Agneva Mfinanga

3rd Respondent

Elly Ngowo

4th Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file revision against the DLHT decision

Ratio Decidendi

The applicant demonstrated sufficient cause for extension of time based on technical delay, as the delay resulted from pursuing an incompetent application in good faith and without negligence, and the subsequent 19-day delay in refiling was reasonable and prompt.

Court Disposition

Application granted

Orders

  • Applicant to file application for revision within twenty-one (21) days from the date of delivery of this Ruling
  • No order as to costs