evanson temu others vs agness nyagetera 2018 tzhclandd 411 24 july 2018

evanson temu others vs agness nyagetera 2018 tzhclandd 411 24 july 2018

Applicants demonstrated sufficient cause for delay due to confusion from reassignment of judges and uncertainty of hearing dates. Proper legal provision for extension of time was section 14(1) of the Law of Limitation Act. Application granted.

Citation
evanson temu others vs agness nyagetera 2018 tzhclandd 411 24 july 2018
Parties
Applicant: Evanson Temu & 3 Others; Respondent: Agnes Nyagetera
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
24 July 2018
Procedural Posture
Miscellaneous Land Case Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Restoration of Appeal, Limitation of Actions
Source Language
English
Civil Procedure Land Law Extension of Time Restoration of Appeal Limitation of Actions

Case Brief

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Parties

Evanson Temu & 3 Others

Applicant

Agnes Nyagetera

Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether sufficient cause was shown for extension of time to file application for re-admission of appeal
  2. 2 Whether the application was brought under the proper legal provision

Ratio Decidendi

Applicants demonstrated sufficient cause for delay due to confusion from reassignment of judges and uncertainty of hearing dates. Proper legal provision for extension of time was section 14(1) of the Law of Limitation Act. Application granted.

Court Disposition

Application granted

Orders

  • Extension of time to file application for re-admission of appeal granted
  • No order as to costs