george barabara vs aristides litaka 2020 tzhclandd 36 24 march 2020
The applicant's illness, supported by a police loss report in lieu of medical certificates, combined with old age, constitutes sufficient good cause for the delay. The respondent will not suffer any noticeable loss if extension is granted, and the right to be heard justifies allowing the application.
- Citation
- george barabara vs aristides litaka 2020 tzhclandd 36 24 march 2020
- Parties
- Applicant: George Barabara; Respondent: Aristides D Litaka
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 24 March 2020
- Procedural Posture
- Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
- Outcome
- Application allowed
- Legal Topics
- Extension of Time, Appeal Procedure, Good Cause for Delay
- Source Language
- English
Case Brief
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Parties
George Barabara
Applicant
Aristides D Litaka
Respondent
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
Legal Issues
- 1 Whether the applicant demonstrated good cause for extension of time to file an appeal
Ratio Decidendi
The applicant's illness, supported by a police loss report in lieu of medical certificates, combined with old age, constitutes sufficient good cause for the delay. The respondent will not suffer any noticeable loss if extension is granted, and the right to be heard justifies allowing the application.
Court Disposition
Application allowed
Orders
- Applicant to file intended appeal within 14 days from the date of the order
- Each party to bear his own costs
Full Case Text
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