MISC

MISC

Applicant demonstrated good cause for extension by alleging illegality in the dismissal under a wrong provision of law and accounted for time spent prosecuting restoration applications. The court is bound to extend time where illegality is sufficiently alleged.

Citation
MISC
Parties
Applicant: Frorence Chacha; 1st Respondent: Tanzania Commercial Bank PLC (formerly TPB PLC); 2nd Respondent: Mchina Auction Mart & Real Agency; 3rd Respondent: Ramadhani Bwana trading as Le Grand Victoria Hotel; 4th Respondent: Kitall Investment Limited; 5th Respondent: Gati Debora (Administratrix of the Estates of the Late Chacha Mwita Ngariba); 6th Respondent: Zaituni Ngariba; 7th Respondent: The Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
13 June 2023
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to File Notice of Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Illegality as Ground for Extension, Dismissal Under Wrong Provision, Notice of Appeal
Source Language
English
Civil Procedure Land Law Appellate Practice Extension of Time Illegality as Ground for Extension Dismissal Under Wrong Provision Notice of Appeal

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Parties

Frorence Chacha

Applicant

Tanzania Commercial Bank PLC (formerly TPB PLC)

1st Respondent

Mchina Auction Mart & Real Agency

2nd Respondent

Ramadhani Bwana trading as Le Grand Victoria Hotel

3rd Respondent

Kitall Investment Limited

4th Respondent

Gati Debora (Administratrix of the Estates of the Late Chacha Mwita Ngariba)

5th Respondent

Zaituni Ngariba

6th Respondent

The Attorney General

7th Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether there is good cause to grant extension of time to file notice of appeal
  2. 2 Whether alleged illegality in dismissal under wrong provision justifies extension

Ratio Decidendi

Applicant demonstrated good cause for extension by alleging illegality in the dismissal under a wrong provision of law and accounted for time spent prosecuting restoration applications. The court is bound to extend time where illegality is sufficiently alleged.

Court Disposition

Application granted

Orders

  • Applicant granted fourteen days from date of ruling to lodge notice of appeal
  • No order as to costs