finiaz ezra vs mhando omari 2020 tzhc 4715 15 october 2020

finiaz ezra vs mhando omari 2020 tzhc 4715 15 october 2020

The applicant diligently prosecuted the previous appeal, which was struck out on technical grounds; the time spent in court on the defective appeal should be excluded in computing limitation; the actual delay was minimal and justified; sufficient cause for extension of time was established.

Citation
finiaz ezra vs mhando omari 2020 tzhc 4715 15 october 2020
Parties
Applicant: Finiaz Ezra; Respondent: Mhando Omari
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 October 2020
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Appeals, Limitation Period, Procedural Defects
Source Language
English
Land Law Civil Procedure Extension of Time Appeals Limitation Period Procedural Defects

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Parties

Finiaz Ezra

Applicant

Mhando Omari

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to appeal against the decision of the District Land and Housing Tribunal

Ratio Decidendi

The applicant diligently prosecuted the previous appeal, which was struck out on technical grounds; the time spent in court on the defective appeal should be excluded in computing limitation; the actual delay was minimal and justified; sufficient cause for extension of time was established.

Court Disposition

Application granted

Orders

  • Time to file the appeal is extended for sixty days from the date of the ruling.
  • No order as to costs.