happy kaitira burilo vs msombi singu njika administrator of the estate of the late shabani said njika 2023 tzhclandd 17238 19 december 2023

The applicant accounted for the delay as technical, having prosecuted the appeal in good faith and spent time obtaining the order and preparing the application. The court found these grounds justifiable for extension of time.

Citation: happy kaitira burilo vs msombi singu njika administrator of the estate of the late shabani said njika 2023 tzhclandd 17238 19 december 2023
Parties: Applicant: Happy Kaitira Burilo; 1st Respondent: Msobi Singu Njika (Administrator of the Estate of the Late Shabani Said Njika); 2nd Respondent: Njika Mayunga Njihihi
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 19 December 2023
Procedural Posture: Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome: Application granted
Legal Topics: Extension of Time, Notice of Appeal, Technical Delay
Source Language: English

Land Law Civil Procedure Extension of Time Notice of Appeal Technical Delay

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Parties

Happy Kaitira Burilo

Applicant

Msobi Singu Njika (Administrator of the Estate of the Late Shabani Said Njika)

1st Respondent

Njika Mayunga Njihihi

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

Legal Issues

1 Whether the applicant has sufficiently accounted for the delay in filing notice of appeal
2 Whether technical delay constitutes sufficient ground for extension of time

Ratio Decidendi

Court Disposition

Application granted

Orders

Applicant is granted fourteen days from the date of the ruling to file notice of appeal