golden enock sichalwe vs felister acqurine shirima as an admistratix of paulo ambrose asenga 2020 tzhc 4333 11 december 2020
The applicant demonstrated sufficient cause for delay, namely late receipt of judgment copies and alleged illegality, and there was no unreasonable further delay after obtaining the documents.
Source-derived case information.
- Citation
- golden enock sichalwe vs felister acqurine shirima as an admistratix of paulo ambrose asenga 2020 tzhc 4333 11 december 2020
- Parties
- Applicant: Golden Enock Sichalwe; Respondent: Felista Acqurine Shirima as an administratix of Paulo Ambrose Asenga
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 11 December 2020
- Procedural Posture
- Miscellaneous Land Application / Ruling on Application for Extension of Time
- Outcome
- Application granted
- Legal Topics
- Extension of Time, Appeal Procedure, Jurisdiction, Illegality as Ground for Extension
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Golden Enock Sichalwe
Applicant
Felista Acqurine Shirima as an administratix of Paulo Ambrose Asenga
Respondent
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether sufficient cause exists to grant extension of time to file an appeal out of time
- 2 Whether delay in obtaining judgment copies and alleged illegality constitute sufficient reasons
Ratio Decidendi
The applicant demonstrated sufficient cause for delay, namely late receipt of judgment copies and alleged illegality, and there was no unreasonable further delay after obtaining the documents.
Court Disposition
Application granted
Orders
- Extension of time to file appeal out of time granted
- Applicant given 45 days from date of ruling to file appeal
Full Case Text
Judgment text and source record
1 paragraphs
THE UNITED REPUBLIC OF TANZANIA JUDICIARY IN THE HIGH COURT OF TANZANIA (DISTRICT REGISTRY OF MBEYA) AT MBEYA MISC. LAND APPLICATION NO.121 OF 2020 (From Land Application No.64 of 2019 of the District Land and Housing Tribunal for Mbeya) GOLDEN ENOCK SICHALWE...................................................... APPLICANT VERSUS FELISTA ACQURINE SHIRIMA as an administratix of PAULO AMBROSE ASENGA................................................... RESPONDENT RULING Date of lasf Order: 27/11/2020 Dafe of Ruling: 11/12/2020 L.M. Mongolia, J. The Applicant is seeking for extension of time within which to file appeal out of time. As presented by Mr. Amani Angolwisye, learned counsel for the respondent, the application is not contested by the respondent. The reasons for the delay in filing the appeal, as set out in the affidavit of the applicant in support of the application, are to the effect that the delay was caused by delay in obtaining the copies of Judgment. The applicant also pointed illegalities in the impugned decision, which touch the jurisdiction of the trial Tribunal. The law is settled to the effect that a delay in obtaining copies of Judgment and Decree, which are necessary documents in lodging the appeal constitute sufficient reasons. See: The Director of Public Prosecutions vs. Mawazo Saliboko @ Shangi & 15 others; Criminal Appeal No.384 of 201 7 (CAT at Tabora, unreported). Since there was no unreasonable further delay after obtaining copies of Judgment, this Court finds the reason to be sufficient to warrant granting of extension of time to the applicant. In addition the illegality pointed out also amounts to sufficient reason. In consideration of the reasons advanced for the delay, I hereby grant the application for extension of time to file appeal out of time. The applicant is given 45 days from the date of this Ruling to file the appeal.