20140822 TZHC Iringa1

20140822 TZHC Iringa1

The applicant made a timely request for the necessary documents for appeal, and the delay was caused by the tribunal's sporadic supply of those documents. There is no evidence of negligence or inaction by the applicant. The law requires exclusion of the period spent obtaining such documents from the limitation period. Therefore, sufficient cause for extension of time has been established.

Citation
20140822 TZHC Iringa1
Parties
Applicant: Frank Ulaya; Respondent: Jacob Mgaya
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 August 2014
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Limitation Period, Appeals Process, Supply of Court Documents
Source Language
English
Civil Procedure Land Law Extension of Time Limitation Period Appeals Process Supply of Court Documents

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 2 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Frank Ulaya

Applicant

Jacob Mgaya

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 file an appeal out of time
  2. 2 Whether the delay in filing the appeal was attributable to the applicant or the tribunal

Ratio Decidendi

The applicant made a timely request for the necessary documents for appeal, and the delay was caused by the tribunal's sporadic supply of those documents. There is no evidence of negligence or inaction by the applicant. The law requires exclusion of the period spent obtaining such documents from the limitation period. Therefore, sufficient cause for extension of time has been established.

Court Disposition

Application granted

Orders

  • Applicant granted thirty (30) days to file the appeal
  • Applicant awarded costs