elizabeth loisujaki vs agnes loisujaki another 2018 tzhc 2596 7 september 2018

elizabeth loisujaki vs agnes loisujaki another 2018 tzhc 2596 7 september 2018

The applicant demonstrated diligence and sufficient cause for the delay, including prompt action after the appeal was struck out and the presence of arguable legal points, including alleged illegality. The interests of justice require granting the extension of time.

Citation
elizabeth loisujaki vs agnes loisujaki another 2018 tzhc 2596 7 september 2018
Parties
Applicant: Elizabeth Loisujaki; 1st Respondent: Agnes Loisujaki; 2nd Respondent: Justine John Leiyan
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
7 September 2018
Procedural Posture
Miscellaneous Land Case Application / Ruling on Application for Extension of Time to File Notice of Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Notice of Appeal, Appellate Procedure, Land Disputes
Source Language
English
Civil Procedure Land Law Extension of Time Notice of Appeal Appellate Procedure Land Disputes

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Parties

Elizabeth Loisujaki

Applicant

Agnes Loisujaki

1st Respondent

Justine John Leiyan

2nd Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether sufficient cause exists to grant extension of time to file notice of appeal out of time
  2. 2 Whether the applicant's delay was justified under the law

Ratio Decidendi

The applicant demonstrated diligence and sufficient cause for the delay, including prompt action after the appeal was struck out and the presence of arguable legal points, including alleged illegality. The interests of justice require granting the extension of time.

Court Disposition

Application granted

Orders

  • Extension of time to file notice of appeal granted as prayed
  • No order as to costs