fredrick makingi vs jay jay highlands hotel ltd 2015 tzhc 2251 6 october 2015
The applicant demonstrated sufficient cause for delay as the delay was technical, arising from procedural defects rather than negligence or inaction, and the applicant acted promptly after each setback.
- Citation
- fredrick makingi vs jay jay highlands hotel ltd 2015 tzhc 2251 6 october 2015
- Parties
- Applicant: Fredrick Makingi; Respondent: Jay Jay Highlands Hotel Ltd
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 6 October 2015
- Procedural Posture
- Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
- Outcome
- Application granted
- Legal Topics
- Extension of Time, Appeals, Limitation of Actions, Technical Delay
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Fredrick Makingi
Applicant
Jay Jay Highlands Hotel Ltd
Respondent
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
Legal Issues
- 1 Whether the applicant has disclosed sufficient cause to warrant extension of time to file an appeal out of time
Ratio Decidendi
The applicant demonstrated sufficient cause for delay as the delay was technical, arising from procedural defects rather than negligence or inaction, and the applicant acted promptly after each setback.
Court Disposition
Application granted
Orders
- Leave granted to the applicant to file the appeal within fourteen (14) days
- Costs to follow the event
Full Case Text
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