elius a mwakalinga vs domina kagaruki 2 others 2022 tzhclandd 245 30 march 2022
Applicant's technical delay, caused by reliance on pending proceedings and existence of another notice of appeal, constitutes sufficient reason for extension of time; circumstances prevented timely filing and justify granting the application.
- Citation
- elius a mwakalinga vs domina kagaruki 2 others 2022 tzhclandd 245 30 march 2022
- Parties
- Applicant: Elius A. Mwakalinga; 1st Respondent: Domina Kagaruki; 2nd Respondent: Farida F. Mbarak; 3rd Respondent: Farid Ahmed Mbarak
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 30 March 2022
- Procedural Posture
- Miscellaneous Land Case Application / Ruling on Application for Extension of Time
- Outcome
- application allowed
- Legal Topics
- Extension of Time, Appeals, Technical Delay
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Elius A. Mwakalinga
Applicant
Domina Kagaruki
1st Respondent
Farida F. Mbarak
2nd Respondent
Farid Ahmed Mbarak
3rd Respondent
Procedural Posture
Miscellaneous Land Case Application / Ruling on Application for Extension of Time
Legal Issues
- 1 whether sufficient cause exists to grant extension of time to file notice of appeal
- 2 whether delay was technical and justifiable
Ratio Decidendi
Applicant's technical delay, caused by reliance on pending proceedings and existence of another notice of appeal, constitutes sufficient reason for extension of time; circumstances prevented timely filing and justify granting the application.
Court Disposition
application allowed
Orders
- applicant given 14 days to lodge notice of appeal
- no order as to costs
Full Case Text
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