Enos Ruling

Enos Ruling

Applicants demonstrated sufficient cause for delay, primarily technical delay and apparent illegalities in the execution decision. The court found the delay excusable and the anomalies amount to illegality on the face of the record, warranting extension of time.

Citation
Enos Ruling
Parties
1st Applicant: Enos Isaack; 2nd Applicant: Yolanda Isack Mahulu (Administratrix of the Late Isack Mahulu); 1st Respondent: Nyakato Enterprises; 2nd Respondent: Deodory John; 3rd Respondent: Kulwa Fidel Wabanhu; 4th Respondent: Ministry of Land and Housing and Human Settlement; 5th Respondent: Attorney General; 6th Respondent: Mwanza City Council
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
15 November 2024
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time to File Notice of Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Appeals, Illegality, Technical Delay
Source Language
English
Civil Procedure Land Law Extension of Time Appeals Illegality Technical Delay

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

Enos Isaack

1st Applicant

Yolanda Isack Mahulu (Administratrix of the Late Isack Mahulu)

2nd Applicant

Nyakato Enterprises

1st Respondent

Deodory John

2nd Respondent

Kulwa Fidel Wabanhu

3rd Respondent

Ministry of Land and Housing and Human Settlement

4th Respondent

Attorney General

5th Respondent

Mwanza City Council

6th Respondent

Procedural Posture

Miscellaneous Civil 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
  2. 2 Whether technical delay and alleged illegalities justify extension

Ratio Decidendi

Applicants demonstrated sufficient cause for delay, primarily technical delay and apparent illegalities in the execution decision. The court found the delay excusable and the anomalies amount to illegality on the face of the record, warranting extension of time.

Court Disposition

Application granted

Orders

  • Applicants accorded 14 days to lodge intended Notice of Appeal
  • No order as to costs