gabriel makenya mabula vs zahoro moses another 2024 tzhclandd 97 22 february 2024

gabriel makenya mabula vs zahoro moses another 2024 tzhclandd 97 22 february 2024

The applicant demonstrated promptness and diligence in pursuing the appeal, and the delay was technical, not actual. The withdrawal of the initial appeal due to lack of proof of service was not due to negligence or apathy but a procedural misstep. The applicant acted immediately after the withdrawal, and thus sufficient cause for extension of time was established.

Citation
gabriel makenya mabula vs zahoro moses another 2024 tzhclandd 97 22 february 2024
Parties
Applicant: Gabriel Makenya Mabula; 1st Respondent: Zahoro Moses; 2nd Respondent: Kashindye Kulwa
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
22 February 2024
Procedural Posture
Miscellaneous Land Application (extension of Time) / Ruling on Application for Extension of Time to File Notice of Appeal
Outcome
Application allowed
Legal Topics
Extension of Time, Technical Delay, Proof of Service, Appeal Procedure, Judicial Discretion
Source Language
English
Civil Procedure Land Law Appellate Procedure Extension of Time Technical Delay Proof of Service Appeal Procedure Judicial Discretion

Case Brief

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Parties

Gabriel Makenya Mabula

Applicant

Zahoro Moses

1st Respondent

Kashindye Kulwa

2nd Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file a Notice of Appeal out of time
  2. 2 Whether technical delay constitutes sufficient cause for extension of time
  3. 3 Whether negligence of counsel or ignorance of procedure is excusable

Ratio Decidendi

The applicant demonstrated promptness and diligence in pursuing the appeal, and the delay was technical, not actual. The withdrawal of the initial appeal due to lack of proof of service was not due to negligence or apathy but a procedural misstep. The applicant acted immediately after the withdrawal, and thus sufficient cause for extension of time was established.

Court Disposition

Application allowed

Orders

  • Applicant granted extension of time to file a fresh Notice of Appeal within 30 days of the ruling
  • No order as to costs