frank mgaya vs jacob mgaya 2014 tzhclandd 39 22 august 2014

frank mgaya vs jacob mgaya 2014 tzhclandd 39 22 august 2014

The applicant was not to blame for the delay in filing the appeal, as he promptly requested all necessary documents, and the delay was caused by the tribunal's sporadic supply of those documents. The period spent waiting for the documents should be excluded from the limitation period, making the application for extension of time meritorious.

Citation
frank mgaya vs jacob mgaya 2014 tzhclandd 39 22 august 2014
Parties
Applicant: Frank Ulaya; Respondent: Jacob Mgaya
Court
TANZLII
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, Supply of Court Documents
Source Language
English
Land Law Civil Procedure Extension of Time Limitation Period Appeals Supply of Court Documents

Case Brief

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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 to the tribunal's delay in supplying documents

Ratio Decidendi

The applicant was not to blame for the delay in filing the appeal, as he promptly requested all necessary documents, and the delay was caused by the tribunal's sporadic supply of those documents. The period spent waiting for the documents should be excluded from the limitation period, making the application for extension of time meritorious.

Court Disposition

Application granted

Orders

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