executive director lageka co ltd vs kcu 1990 ltd 2020 tzhc 4256 11 december 2020

executive director lageka co ltd vs kcu 1990 ltd 2020 tzhc 4256 11 december 2020

The applicant demonstrated sufficient cause for the delay, including prompt action upon receipt of the ruling and consistent efforts to bring the matter before the court. The right to be heard is fundamental and, in the absence of compelling reasons to deny it, the court exercised its discretion to grant the extension of time.

Citation
executive director lageka co ltd vs kcu 1990 ltd 2020 tzhc 4256 11 december 2020
Parties
Applicant: Executive Director Lage Ka Co. Ltd; Respondent: K.C.U (1990) Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 December 2020
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome
Application allowed
Legal Topics
Extension of Time, Right to Be Heard, Ex Parte Judgment, Appeal Procedure
Source Language
English
Civil Procedure Land Law Extension of Time Right to Be Heard Ex Parte Judgment Appeal Procedure

Case Brief

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Parties

Executive Director Lage Ka Co. Ltd

Applicant

K.C.U (1990) Ltd

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has advanced sufficient cause for extension of time to file an appeal against the ruling of the District Land and Housing Tribunal

Ratio Decidendi

The applicant demonstrated sufficient cause for the delay, including prompt action upon receipt of the ruling and consistent efforts to bring the matter before the court. The right to be heard is fundamental and, in the absence of compelling reasons to deny it, the court exercised its discretion to grant the extension of time.

Court Disposition

Application allowed

Orders

  • Extension of time to file an appeal granted
  • Costs to follow the event