hidaya shukuru vs joyce joseph 5 others 2022 tzhclandd 12693 8 december 2022

hidaya shukuru vs joyce joseph 5 others 2022 tzhclandd 12693 8 december 2022

The applicant accounted for the days of delay, demonstrated efforts to seek legal assistance, and the right of appeal is a constitutional right that should not be lightly denied. The court exercised its discretion to grant the extension.

Citation
hidaya shukuru vs joyce joseph 5 others 2022 tzhclandd 12693 8 december 2022
Parties
Applicant: Hidaya Shukuru; 1st Respondent: Joyce Joseph; 2nd Respondent: Ally Mohamed Mkala; 3rd Respondent: Zainabu Abdallah Msekela; 4th Respondent: Robert Edward Maswanya; 5th Respondent: Michael Maziku; 6th Respondent: Nassoro Khamis Ahmed
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
8 December 2022
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Right of Appeal, Good Cause for Delay
Source Language
English
Land Law Civil Procedure Extension of Time Right of Appeal Good Cause for Delay

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Parties

Hidaya Shukuru

Applicant

Joyce Joseph

1st Respondent

Ally Mohamed Mkala

2nd Respondent

Zainabu Abdallah Msekela

3rd Respondent

Robert Edward Maswanya

4th Respondent

Michael Maziku

5th Respondent

Nassoro Khamis Ahmed

6th 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 cause for extension of time to appeal out of time

Ratio Decidendi

The applicant accounted for the days of delay, demonstrated efforts to seek legal assistance, and the right of appeal is a constitutional right that should not be lightly denied. The court exercised its discretion to grant the extension.

Court Disposition

Application granted

Orders

  • Extension of time to file appeal out of time against the decision of the District Land and Housing Tribunal for Ilala in Land Application No. 183 of 2018 is granted.
  • Applicant to file appeal not beyond 15th February, 2023.