florida emmanuel and 2 others vs richard kabyemela and 5 others 2020 tzhc 3929 20 november 2020

florida emmanuel and 2 others vs richard kabyemela and 5 others 2020 tzhc 3929 20 november 2020

Applicants were not negligent; delay was caused by procedural error not attributable to them. Prompt steps were taken to obtain the correct decree and file the application. Sufficient cause was established for extension of time.

Citation
florida emmanuel and 2 others vs richard kabyemela and 5 others 2020 tzhc 3929 20 november 2020
Parties
Applicant: Florida Emmanuel; Applicant: Winfrida Emmanuel; Applicant: Matungwa Emmanuel; Respondent: Richard Kabyemela; Respondent: Muddy Ally; Respondent: Henery Emmanuel; Respondent: Rugemalira Emmanuel; Respondent: Helena Emmanuel; Respondent: Sandey Emmanuel
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 November 2020
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application allowed with costs.
Legal Topics
Extension of Time, Appeals, Sufficient Cause, Diligence in Prosecution
Source Language
English
Civil Procedure Land Law Extension of Time Appeals Sufficient Cause Diligence in Prosecution

Case Brief

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Parties

Florida Emmanuel

Applicant

Winfrida Emmanuel

Applicant

Matungwa Emmanuel

Applicant

Richard Kabyemela

Respondent

Muddy Ally

Respondent

Henery Emmanuel

Respondent

Rugemalira Emmanuel

Respondent

Helena Emmanuel

Respondent

Sandey Emmanuel

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether sufficient cause was shown for extension of time to appeal
  2. 2 Whether applicants were diligent and not negligent in prosecuting their appeal

Ratio Decidendi

Applicants were not negligent; delay was caused by procedural error not attributable to them. Prompt steps were taken to obtain the correct decree and file the application. Sufficient cause was established for extension of time.

Court Disposition

Application allowed with costs.

Orders

  • Extension of time to appeal granted.
  • Applicants awarded costs.