MISC

MISC

The applicant failed to substantiate technical delay with evidence as required by law, but established a prima facie case of illegality apparent on the face of the record in the DLHT's judgment, which is sufficient ground to grant extension of time to appeal.

Citation
MISC
Parties
Applicant: Hemed Rashid Kimbukuli; 1st Respondent: Fatuma Abdallah Mabodo; 2nd Respondent: Yono Auction Mart & Co. Ltd; 3rd Respondent: Abdallah Issa Mabodo; 4th Respondent: Hadija Lutau
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Illegality as Ground for Extension, Technical Delay, Jurisdiction of Tribunals
Source Language
English
Land Law Civil Procedure Extension of Time Illegality as Ground for Extension Technical Delay Jurisdiction of Tribunals

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Parties

Hemed Rashid Kimbukuli

Applicant

Fatuma Abdallah Mabodo

1st Respondent

Yono Auction Mart & Co. Ltd

2nd Respondent

Abdallah Issa Mabodo

3rd Respondent

Hadija Lutau

4th Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has shown good and sufficient cause for extension of time to appeal
  2. 2 Whether technical delay and illegality constitute sufficient grounds for extension

Ratio Decidendi

The applicant failed to substantiate technical delay with evidence as required by law, but established a prima facie case of illegality apparent on the face of the record in the DLHT's judgment, which is sufficient ground to grant extension of time to appeal.

Court Disposition

Application granted

Orders

  • Extension of time to file appeal granted; applicant to file appeal within 30 days from date of ruling
  • No order as to costs