hamis athman mwiha vs ramadhani athman mwiha 2020 tzhc 1043 29 may 2020

hamis athman mwiha vs ramadhani athman mwiha 2020 tzhc 1043 29 may 2020

Failure by the tribunal to supply the applicant with a copy of the judgment on time constituted sufficient cause for the delay, especially as the applicant is not a legal expert and could not reasonably appeal without the judgment.

Citation
hamis athman mwiha vs ramadhani athman mwiha 2020 tzhc 1043 29 may 2020
Parties
Applicant: Hamis Athman Mwiha; 1st Respondent: Ramadhani Athman Mwiha; 2nd Respondent: Dotto Athmani Mwiha
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 May 2020
Procedural Posture
Miscellaneous Land Case Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Appeal Procedure, Sufficient Cause for Delay
Source Language
English
Land Law Civil Procedure Extension of Time Appeal Procedure Sufficient Cause for Delay

Case Brief

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Parties

Hamis Athman Mwiha

Applicant

Ramadhani Athman Mwiha

1st Respondent

Dotto Athmani Mwiha

2nd Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has demonstrated sufficient cause to warrant extension of time to file an appeal

Ratio Decidendi

Failure by the tribunal to supply the applicant with a copy of the judgment on time constituted sufficient cause for the delay, especially as the applicant is not a legal expert and could not reasonably appeal without the judgment.

Court Disposition

Application granted

Orders

  • Applicant granted leave to file intended appeal within 45 days from the date of this order
  • Costs to follow the event