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
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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
Legal Issues
- 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
Full Case Text
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