MISC

MISC

The applicant failed to account for each day of delay after obtaining the certified copies of the judgment and decree, despite having ample time to file the appeal within the statutory period. The period for obtaining the records is automatically excluded, and the applicant was not required to seek certification for exclusion. The unexplained delay and lack of diligence disqualified the applicant from being granted an extension of time.

Citation
MISC
Parties
Applicant: Fortunatus Joseph Dosla; 1st Respondent: Leticia Fortunatus; 2nd Respondent: Martha Abisai Mgawanyi; 3rd Respondent: Juma Makauni
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Miscellaneous Land Application (extension of Time) / Ruling on Application for Extension of Time to Appeal
Outcome
Application dismissed
Legal Topics
Extension of Time, Appeals, Limitation of Actions
Source Language
English
Civil Procedure Land Law Extension of Time Appeals Limitation of Actions

Case Brief

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Parties

Fortunatus Joseph Dosla

Applicant

Leticia Fortunatus

1st Respondent

Martha Abisai Mgawanyi

2nd Respondent

Juma Makauni

3rd Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant demonstrated sufficient cause for extension of time to file an appeal out of time

Ratio Decidendi

The applicant failed to account for each day of delay after obtaining the certified copies of the judgment and decree, despite having ample time to file the appeal within the statutory period. The period for obtaining the records is automatically excluded, and the applicant was not required to seek certification for exclusion. The unexplained delay and lack of diligence disqualified the applicant from being granted an extension of time.

Court Disposition

Application dismissed

Orders

  • Application for extension of time is dismissed for lack of merit.
  • Applicant to pay costs of the application.