FAUSTINE JOSEPH MALLYA SCANNED

FAUSTINE JOSEPH MALLYA SCANNED

The applicant's delay was not due to negligence but to the Registrar's failure to supply the decision; the law allows exclusion of the period required to obtain the decision, and the applicant demonstrated sufficient cause for extension of time.

Citation
FAUSTINE JOSEPH MALLYA SCANNED
Parties
Applicant: Faustine Joseph Mallya; 1st Respondent: The Registrar of Titles; 2nd Respondent: The Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
11 November 2022
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application granted without costs
Legal Topics
Extension of Time, Appeals, Limitation of Actions, Right to Property
Source Language
English
Land Law Civil Procedure Extension of Time Appeals Limitation of Actions Right to Property

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Parties

Faustine Joseph Mallya

Applicant

The Registrar of Titles

1st Respondent

The Attorney General

2nd Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant demonstrated sufficient cause for extension of time to appeal against the Registrar of Titles' decision
  2. 2 Whether the delay was attributable to the applicant's negligence or failure by the Registrar to supply the decision

Ratio Decidendi

The applicant's delay was not due to negligence but to the Registrar's failure to supply the decision; the law allows exclusion of the period required to obtain the decision, and the applicant demonstrated sufficient cause for extension of time.

Court Disposition

Application granted without costs

Orders

  • Extension of time to file appeal against Registrar of Titles' decision is granted
  • No order as to costs