edith malima administrator of the estate of late elson malimavs isaya chaula 2021 tzhclandd 77 25 march 2021

edith malima administrator of the estate of late elson malimavs isaya chaula 2021 tzhclandd 77 25 march 2021

Failure to notify parties of the transfer and hearing of the appeal, and lack of service of summons, constituted sufficient reasons for extension of time and re-admission of the dismissed appeal.

Citation
edith malima administrator of the estate of late elson malimavs isaya chaula 2021 tzhclandd 77 25 march 2021
Parties
Applicant: Edith Malima; Respondent: Isaya Chaula
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
25 March 2021
Procedural Posture
Misc. Land Case Application / Ruling on Application for Extension of Time and Re Admission of Dismissed Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Re Admission of Appeal, Dismissal for Want of Prosecution, Service of Summons, Notification of Parties
Source Language
English
Civil Procedure Land Law Extension of Time Re Admission of Appeal Dismissal for Want of Prosecution Service of Summons Notification of Parties

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Parties

Edith Malima

Applicant

Isaya Chaula

Respondent

Procedural Posture

Misc. Land Case Application / Ruling on Application for Extension of Time and Re Admission of Dismissed Appeal

Legal Issues

  1. 1 Whether sufficient reasons exist to grant extension of time to apply for re-admission of a dismissed appeal
  2. 2 Whether the appeal should be re-admitted after dismissal for want of prosecution

Ratio Decidendi

Failure to notify parties of the transfer and hearing of the appeal, and lack of service of summons, constituted sufficient reasons for extension of time and re-admission of the dismissed appeal.

Court Disposition

Application granted

Orders

  • Extension of time to apply for re-admission of Misc. Land Appeal No. 220 of 2019 is granted
  • Readmission of Misc. Land Appeal No. 220 of 2019 is granted